Espiritu Santo Holdings LP v Libero Partners LP - Espiritu Santo Technologies LLC - USNYSD 19 Civ 3930 - Memorandum Decision and Order Granting in Part and Denying in Part Petitioner Esh's Motion for Preliminary Injunction in Aid of Arbitration - 14 May 2019
Country
Year
2019
Summary
This petition for an injunction in aid of arbitration arises out of a dispute among Mexican citizens who formed Canadian limited liability entities, which then entered into a Partners Agreement governed by Delaware law-all so they could own and operate, through a series of Delaware LLCs, a taximeter and ride-hailing company operating in Mexico City.
The Partners Agreement mandates that all disputes arising out of the agreement be arbitrated before the International Court of Arbitration at the International Chamber of Commerce ("ICC").
So what are we doing in the Southern District of New York, in a state and judicial district that has not the slightest interest in the underlying enterprise?
The answer is that, for reasons best known to the partners themselves, the agreed site for the ICC arbitration is New York City, and the Partners Agreement confers "exclusive jurisdiction" on New York City courts (including specifically this Court) for the limited purpose of awarding pre-arbitral injunctive relief-including injunctions in aid of arbitration.
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