SL Mining Limited v The Government of the Republic of Sierra Leone - United States District Court for the District of Columbia Case No 1-19-cv-02888-RBW - Petition to Confirm Arbitral Award (and Notice of Voluntary Dismissal) - 25 September 2019
Country
Year
2019
Summary
PETITION TO CONFIRM ARBITRAL AWARD
Petitioner SL Mining Limited ("SL Mining" or "Petitioner"), by and through its undersigned counsel, hereby petition this Court for an order pursuant to 9 U.S.C. § 207 (i) confirming and recognizing the September 8, 2019 Order ("Emergency Final Order") issued by Emergency Arbitrator Professor Zachary Douglas QC in connection with emergency proceedings related to an arbitration between Petitioner and Respondent the Government of the Republic of Sierra Leone ("Sierra Leone") pursuant to the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules" or "ICC");1 (ii) ordering Sierra Leone to comply with the Emergency Final Order's directives, including the directive obligating Sierra Leone to "lift the prohibition on shipping introduced in the `Temporary Suspension Order of Mineral Rights - ML 01/2017' issued by the Minister of Mines and Mineral Resources," issued on July 3, 2019 and reaffirmed on July 24, 2019; (iii) entering judgment in Petitioner's favor against Sierra Leone in an amount equal to the monetary award set forth in the Emergency Final Order, plus the costs of this proceeding; and (iv) awarding Petitioner such other and further relief as this Court deems just and proper.
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
Petitioner SL Mining Limited ("Petitioner"), by and through its undersigned counsel, hereby voluntarily dismisses this action without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). This action was commenced by a Petition to Confirm Arbitral Award filed on September 25, 2019 ("Petition"). The Petition seeks confirmation of an order of an emergency arbitrator ("Emergency Arbitrator") appointed in accordance with the International Chamber of Commerce's Rules of Arbitration in connection with arbitration proceedings commenced by Petitioner against Respondent The Government of the Republic of Sierra Leone ("Respondent"). Since the filing of the Petition, Petitioner sought and obtained additional emergency relief from the Emergency Arbitrator and has applied for further provisional relief from the now- constituted arbitral tribunal. Since that application remains pending, Petitioner believes the most efficient course is to discontinue the current proceeding without prejudice until the arbitral tribunal has issued a decision with respect to the pending application, but hereby reserves the right to subsequently seek confirmation of all relief granted by the Emergency Arbitrator and any additional provisional relief that may be granted by the arbitral tribunal.
Respondent has not yet served an opposition to the Petition and would not be prejudiced by the discontinuance of this action.
