Greentech Energy Systems A/S, et al v. Italian Republic, Notice of Petition to Confirm Foreign Arbitral Award

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION

GREENTECH ENERGY SYSTEMS A/S
(NOW KNOWN AS ATHENA
INVESTMENTS A/S), NOVENERGIA
GENERAL PARTNER S.A. (ACTING AS
LIQUIDATOR OF NOVENERGIA II
ENERGY & ENVIRONMENT (SCA)
SICAR), NOVENERGIA II ITALIAN
PORTFOLIO,

Petitioners,

ITALIAN REPUBLIC

Respondent.

Index No. __________

Notice of Petition to Confirm
Foreign Arbitral Award

PLEASE TAKE NOTICE that, on April 5, 2019, Petitioners Greentech Energy Systems A/S (now known as Athena Investments A/S), NovEnergia General Partner S.A. (acting as liquidator of NovEnergia II Energy & Environment (SCA) SICAR), and NovEnergia II Italian Portfolio, have filed a Petition to Confirm Arbitral Award in the Supreme Court of The State of New York, New York County, against Respondent, the Italian Republic. A copy of the Petition, Affirmation of Enrique J. Molina dated April 5, 2019, and all exhibits thereto, is attached hereto. An application will be made to this Court, to be held at a courthouse thereof, located at 60 Centre Street, City of New York, County of New York, State of New York, at the Submissions Part, Room 130, on the 24th of June, 2019, at 9:30 a.m. that day, or as soon thereafter as counsel can be heard, for an order pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38) and Chapter 2 of the

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Federal Arbitration Act (9 U.S.C. § 201, et seq.), confirming the Award and directing that judgment be entered thereon, and for such other and further relief as may be just, proper, and equitable, together with the costs and disbursements of this proceeding.

PLEASE TAKE FURTHER NOTICE that an answer and supporting affidavits, if any, shall be served at least seven days before the aforesaid return date.

Dated: New York, New York

April 5, 2019

Respectfully submitted,

/s/ James E. Berger
James E. Berger
Charlene C. Sun
KING & SPALDING LLP
1185 Avenue of the Americas
New York, NY 10036-4003
Tel: (212) 556-2200
Fax: (212) 556-2222
[email protected]
[email protected]

Attorneys for Petitioners
Greentech Energy Systems A/S (now known as
Athena Investments A/S)
Novenergia General Partner S.A. (acting as
liquidator of Novenergia II Energy & Environment
(SCA) SICAR)
Novenergia II Italian Portfolio