Summary

Petitioner Capcorp Investments LLC has petitioned pursuant to the Federal Arbitration Act ("FAA") to enforce a foreign arbitral award (the "Award") issued in Capcorp's favor against Respondent TFS International LLC in CMA Arbitration Procedure No. 780. The arbitration was held before the São Paulo Chamber of Conciliation, Mediation and Arbitration - CIESP/FIESP in São Paulo, Brazil. The Award was issued on October 9, 2024, clarified first on December 17, 2024, and again on March 11, 2025, and made final on March 27, 2025. TFS has been served with the summons, notice of petition, and petition in this action and has received actual notice of this proceeding but has not appeared, and the Clerk of Court has noted TFS's default and has issued a certificate of default against it. After the issuance of the certificate of default against TFS, Capcorp moved for entry of a default judgment pursuant to Federal Rule of Civil Procedure 55 and then for summary judgment in its favor pursuant to Federal Rule of Civil Procedure 56.

After reviewing Capcorp's filings and the underlying Award, the Court finds that enforcement of the Award is proper but also finds that Capcorp must recalculate and further explain the amounts listed in its petition before the Court is able to enter judgment enforcing the Award.