DM Construtora de Obras Limitada, Ventura Locação de Equipamentos Limitada, and Consórcio Mgt v TUPI BV United States District Court Southern District of New York 1-25-cv-07493 - Petition to Vacate Arbitral Award - 10 September 2025

Country
Year

2025

Summary

Pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, including 9 U.S.C. §§ 10, 12, and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 21 U.S.T. 2517, June 10, 1958 (the "New York Convention"), as implemented by Chapter 2 of the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 201-208, Petitioners DM Construtora de Obras Limitada ("DM Construtora"), Ventura Locação de Equipamentos Limitada ("Ventura"), and Consórcio MGT (collectively, "Petitioners" or "CMGT") petition this Court for an order vacating the Final Arbitration Award dated June 16, 2025 (the "Award") and issued by a panel of three arbitrators (the "Tribunal") in favor of Respondent Tupi B.V. ("Respondent" or "Tupi") in the arbitration proceeding titled (1) DM Construtora de Obras Limitada, (2) Ventura Locação de Equipamentos Limitada, and (3) Consórcio MGT v. Tupi B.V. (the "Arbitration"). The Arbitration was conducted in English, pursuant to arbitration provisions in two contracts between the parties, and under the International Chamber of Commerce Arbitration Rules (the "ICC Rules"), and was seated in New York, New York, and thus in this District.

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