Before this Court is a petition by Preble-Rish Haiti, S.A. ("PRH") to recognize, confirm, and enforce a Final Award of an international arbitration panel in its favor against the respondents Republic of Haiti ("ROH") and the Bureau de Monétisation des Programmes d'Aide au Développement ("BMPAD"), a Haitian governmental agency. ROH opposes the petition and has filed a cross-motion to dismiss the petition, or in the alternative, to vacate the arbitration award. ROH argues that it is not a party or signatory to the underlying arbitration agreements and that accordingly (1) the Court lacks subject-matter jurisdiction to decide the case because no exception to the Foreign Sovereign Immunities Act ("FSIA") applies, and (2) even if the Court has jurisdiction, the dispute was not arbitrable against ROH as a non-signatory. ROH also argues the Court lacks personal jurisdiction over it because PRH has not followed the proper FSIA service procedures.
This dispute has spread across multiple forums, and as a result, several of ROH's arguments are precluded. For the reasons discussed below, PRH's petition will be granted, and the cross-motion denied.
Additionally, ROH's related motion from relief from judgment, or alternately to amend the judgment, on Docket 21-cv-6704 (PKC), appears to be moot. The parties will have 14 days from the date of this Order to show cause why the motion is not moot.