This HTML version is machine-generated. Always consult the original document.Original document (PDF), opens in new tab

[Page 1]

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

In the Matter of the Application of,
GENERAL ELECTRIC INTERNATIONAL INC.
Petitioner,
For an Order, Pursuant to CPLR Article 75,
- against -
CRÉDIT AGRICOLE CORPORATE AND
INVESTMENT BANK NEW YORK BRANCH,
SOCIÉTÉ ALGÉRIENNE DE PRODUCTION DE
L'ELÉCTRICITÉ,
Respondents.
Index No. 651706/2022
IAS Part 61
Mot. Seq. No. 001
Justice Barry R. Ostrager

x


[PROPOSED] ORDER GRANTING PETITIONER'S PETITION TO CONFIRM ARBITRATION AWARD AND MOTION FOR PRELIMINARY INJUNCTION


This matter comes before the Court on Petitioner General Electric International Inc.'s Petition to Confirm Arbitration Award and Motion for a Preliminary Injunction. The Court, having considered Petitioner's Verified Petition, the Memorandum of Law in support of that Petition and the Motion for a Preliminary Injunction, and the Affirmation of Robert F. Serio and exhibits annexed thereto (NYSCEF Doc. Nos. 1, 3–7); the papers filed by Respondent Crédit Agricole Corporate and Investment Bank New York Branch (NYSCEF Doc. Nos. 27–30); and all other submissions to the Court in connection with this special proceeding, and being fully advised of the premises, it is now hereby:

ORDERED that Petitioner's Petition to Confirm Arbitration Award is GRANTED and the April 5 and 7, 2022 orders of the Arbitral Tribunal (the "ICC Awards," NYSCEF Doc. Nos. 6 and 26) in Arbitration No. 25317/DDA before the ICC International Court of Arbitration (the

[Page 2]

"ICC Arbitration") are confirmed against Respondent Société Algérienne de Production de l'Eléctricité; and it is

FURTHER ORDERED that Petitioner's Motion for a Preliminary Injunction is GRANTED and Respondents are enjoined, pending resolution of the ICC Arbitration, as follows:

a) Respondent Société Algérienne de Production de l'Eléctricité is enjoined and restrained from taking or continuing to take any action in contravention of the ICC Awards;

b) Respondent Société Algérienne de Production de l'Eléctricité is enjoined and restrained from taking or continuing to take, or causing any third party to take or continue to take, any action to draw or collect upon the bank guarantees and/or counter-guarantees that are the subject of the ICC Awards; and

c) Respondent Crédit Agricole Corporate and Investment Bank New York Branch is enjoined and restrained from taking or continuing to take any action to effectuate or fund any draw or collection on the bank guarantees and/or counter-guarantees that are the subject of the ICC Awards.

ENTER:

September 21

Dated: April, 2022

New York, New York

Signature

Hon. Barry R. Ostrager, J.S.C.

BARRY R. OSTRAGER

JSC