FLORIDA—The United States District Court for the Southern District of Florida has confirmed a US$40m Final Arbitral Award and Motion for Sanctions issued by the ICC International Court of Arbitration on behalf of Hogan Lovells client SSK Ingenería y Construcción S.A.C. (SSK).
Client SSK, a Peruvian corporation, filed with the International Chamber of Commerce (ICC) a request for arbitration against Técnicas Reunidas de Talara S.A.C. (TRT), also a Peruvian corporation, in a matter involving a contractual dispute over a multi-million dollar construction project at an oil refinery in Peru owned by Petroperú. Petroperú had engaged TRT as the general contractor and TRT had subsequently subcontracted with SSK.
On October 12, 2021, Judge Cecilia M. Altonaga, Chief United States District Judge for the Southern District of Florida, issued an order denying TRT’s petition to vacate the ICC award, and granting the motion to dismiss submitted by SSK. In her 22-page decision confirming the ICC award, Judge Altonaga rejected TRT’s contention that the decision by Messrs. Cristian Conejero and Gianfranco Lotito to switch firms during the pendency of an ICC arbitration amounted to a violation of the United States’ most basic notions of morality and justice.