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COMMISSIONS IMPORT EXPORT v. REPUBLIC OF CONGO

Civil No. 12-743 (RCL).

916 F.Supp.2d 48 (2013)

COMMISSIONS IMPORT EXPORT S.A., Plaintiff, v. The REPUBLIC OF the CONGO and Caisse Congolaise D'Amortissement, Defendants.

United States District Court, District of Columbia.

January 8, 2013.

Attorney(s) appearing for the Case

Francis A. Vasquez, Jr., Frank Panopoulos, Jonathan C. Ulrich, White & Case LLP, Washington, DC, Owen C. Pell, Peter E. Wilhelm, White & Case LLP, New York, NY, for Plaintiff.

Michael Robert Lazerwitz, Boaz S. Morag, Jesse D.H. Sherrett, Cleary, Gottlieb, Steen & Hamilton, LLP, New York, NY, for Defendants.

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

Plaintiff Commissions Import Export ("Commisimpex") has uncovered a procedural loophole in Chapter 2 of the Federal Arbitration Act ("FAA Ch. 2"), 9 U.S.C. §§ 201 et seq. Its attempt to exploit this loophole raises a question of first impression in this Circuit: whether FAA Ch. 2's three-year statute of limitations on confirmation actions for foreign arbitral awards, 9 U.S.C. §...

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