Arcelormittal USA LLC v Essar Global Fund Limited and Essar Capital Limited - Grand Court, Financial Services Division - 29 March 2019
In December 2012, the plaintiff entered into an agreement with two Essar Group companies (ESML and ER) for the supply and purchase of iron ore pellets. Subsequently, the delivery date was extended and Essar Steel, a company incorporated in Mauritius, replaced ER as a party.
The agreement contained an arbitration clause. The plaintiff terminated the agreement in May 2016, having found an alternative source of supply.
In August 2016, the plaintiff commenced arbitration proceedings against Essar Steel in Minnesota. It obtained an ICC award in December 2017 which was then enforced in Minnesota in proceedings in which Essar Steel did not participate. In April 2018, the US District Court entered judgment in favour of the plaintiff by way of recognizing and enforcing the award.
The Mauritian Supreme Court heard a contested application to enforce the award in September 2018 (judgment was still awaited when the present application was heard).