Blog

Jan 14

Check Out Our Article on Commisa v. Pemex in Arbitration International

Jennifer Cabrera, Partner with Cabrera Cammarota PLLC recently published the article The administrative contract, non-arbitrability, and the recognition and execution of awards annulled in the country of origin: the case of Commisa v Pemex, in Arbitration International with co-authors Dante Figueroa and Hertfried Wöss, Partners with Wöss & Partners – a firm specializing in arbitration and trade law, with offices in Washington D.C., Mexico City and Lima.

The article offers an in-depth analysis of Corporación Mexicana de Mantenimiento Integral v. Pemex-Exploración y Producción, 962 F. Supp. 2d 642 (S.D.N.Y. 2013) (Commisa v. Pemex) as a case study to analyze the recognition of foreign arbitral awards annulled in the country of origin. While offering an overview of the enforcement saga that has followed the Commisa v. PEP arbitration, the authors discuss the different approaches to arbitration that exist within Latin American legal systems and consider whether an award’s annulment should affect enforcement proceedings. Further, the article explores the Mexican courts’ rationale for annulling the ICC award and the reasoning the U.S. District Court for the Southern District of New York applied in confirming the award. The authors also examine the “uneasy coexistence of the institution of the ‘administrative contract’—a form of contract available only to the state and which imbues the state with extraordinary powers of rescission that cannot be adjudicated in arbitration—and the commercial project agreements—contracts that are generally governed by private law which may be adjudicated in arbitration—that many states now use in large infrastructure projects.”

Arbitration International is a globally recognized journal that covers national and international developments in the field of arbitration and offers academic debate and practical analysis involving commercial and investment arbitration. The authors published a prior version of this article in Spanish in Lima Arbitration in 2014. Wöss, Figueroa and Cabrera, El Contrato Administrativo, Inarbitrabilidad y el Reconocimiento de Laudos Anulados en el País de Origen. El Caso COMMISA, Revista Lima Arb. No. 6, at 77 (2014), http://www.limaarbitration.net/LAR6/Revista.pdf (last visited Jan. 11, 2016). Please click here to read our prior post on Commisa v. Pemex.