Preble-Rish Haiti SA v Republic of Haiti - United States District Court Southern District of New York Case No 1-21-cv-06704 - Opinion and Order - 26 January 2022
Before this Court is a petition by petitioner Preble-Rish Haiti, S.A. ("PRH") to recognize, confirm, and enforce a Partial Final Award of an international arbitration panel in its favor against the respondents Republic of Haiti and the Bureau de Monétisation des Programmes d'Aide au Développement, a Haitian governmental agency (collectively, "BMPAD"). BMPAD opposes the petition, primarily arguing that (1) the Court lacks jurisdiction to decide the case because the Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention") does not apply and (2) even if the New York Convention did apply, enforcement would be precluded by several enumerated defenses under the New York Convention. (Doc 19 (BMPAD Br.) at 2-3.)
For the following reasons, PRH's petition is granted. Familiarity with the filings and the Court's orders in this matter and the related matters (21-cv-4960 (PKC) and 21-cv-9040 (PKC)) is presumed.