Summary

Petitioner Consorcio Cementero del Sur S.A. ("CONCESUR") has petitioned to vacate an arbitration award issued against it on the bases that the arbitrators manifestly disregarded New York's statute of limitations; that the arbitrators denied CONCESUR a fundamentally fair hearing by deciding the statute of limitations issue on a legal theory not addressed by the parties; and that the arbitrators manifestly disregarded the law when they exercised discretion to permit an assumedly untimely claim. Respondents CCC, S.A.B. de C.V., and CCC LATINOAMERICA, S.A. de C.V. (together, "CCC") have cross-petitioned to confirm the arbitration award. The Court determines that the arbitrators did not manifestly disregard the law in exercising discretion not to apply the statute of limitations to bar CCC's claim. This finding is sufficient to support the award, and the Court accordingly denies CONCESUR's petition to vacate and grants CCC's cross-petition to confirm the arbitration award.