Summary

INTRODUCTION

Petitioner Enka Renewables, LLC ("Enka") seeks to enforce an arbitration award against Respondent Georgia pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the "New York Convention." An arbitral tribunal found Georgia breached its commitments to Enka under an agreement called the Build, Own, and Operate Agreement ("BOO Agreement") and awarded it approximately $350 million plus interest.

Before the court are Georgia's Motion to Dismiss or Deny Confirmation of Foreign Arbitral Award or, in the Alternative, Stay Proceedings, and Enka's Cross-Motion for Summary Judgment. For the reasons explained below, the court denies Georgia's motion and grants Enka's cross-motion.