Summary

MEMORANDUM AND ORDER

This is an action to (a) confirm an arbitration award of roughly $30 million obtained by plaintiff's assignor against defendant Symbion Power Tanzania Limited ("SPTL") that has been unpaid since 2018, (b) enforce that award against defendants other than SPTL, including Paul Hinks and Richard Westbury a/k/a Richard Bethell, and (c) recover for various defendants' alleged fraud and other misconduct with regard to the funds owed by SPTL. Messrs. Hinks and Westbury -- through Symbion Power Holdings, LLC and its wholly owned subsidiary, Symbion Power LLC -- allegedly control a number of companies downstream of Symbion Power, including SPTL.

Inasmuch as SPTL and some of the other defendants allegedly are not directly amenable to service of process here, plaintiff's theory is that Hinks, Westbury, and the chain of companies they allegedly control, down to and including SPTL, are alter egos of each other and thus subject to jurisdiction in New York where some of companies allegedly are located. Plaintiff claims also that defendants other than SPTL are liable on the arbitration award based on an alter ego theory.

The matter is before the Court on plaintiff's motions for (1) an order attaching claims by SPTL against Tanzania Electricity Supply Company said to be worth around $500 million or, alternatively, any proceeds of those claims, and (2) expedited discovery. Also pending but not at issue in this order are two motions to dismiss the complaint.

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