Gater Assets Limited v AO Gazsnabtranzit - AO Moldovagaz - The Republic of Moldova - United States District Court Southern District of New York, Case No 16 Civ 4118 LAP - 99 Civ 11962 LAP - Opinion and Order by Loretta A Preska - 27 September 2019
Opinion and Order by Loretta A Preska
Before the Court are a number of motions relating to Plaintiff-Petitioner Gater Assets Limited's ("Plaintiff") attempt to enforce an arbitration award against Defendants AO Moldovagaz ("Moldovagaz") and the Republic of Moldova ("Republic") (collectively, "Defendants").
Moldovagaz had previously moved on grounds of lack of subject matter and personal jurisdiction to vacate a default judgment entered against it and moved to dismiss a separate proceeding in which Plaintiff sought to renew the same default judgment ("the renewal action"). In an order dated September 30, 2018, this Court denied Moldovagaz's motions, although it reserved judgment on the question of personal jurisdiction (Order Denying Motion To Dismiss ("September Order"), dated Sept. 30, 2018 [dkt. no. 108], at 70). For the reasons discussed below, the Court now holds that Moldovagaz is an alter ego of the Republic and therefore is barred from raising any Fifth Amendment due process objections to personal jurisdiction.
Separately, the month before this Court's September order, the Republic appeared and moved to vacate the default judgment against it (Motion To Vacate Default Judgment, dated Aug. 10, 2018 [dkt. no. 66 in 99-CV-11962], at 1) and dismiss the renewal action (Motion To Dismiss Renewal Complaint For Lack Of Subject Matter Jurisdiction Under The FSIA And For Improper Venue, dated Aug. 10, 2018 [dkt. no. 101], at 1) on the grounds of subject matter jurisdiction and improper venue. For the reasons discussed below, both motions are denied.