Case Report (free download)
Case Report by Ana Carolina Simões e Silva, Edited by Ignacio Torterola
An Order and Preliminary Injunction was rendered on 20 January 2012 by the United States District Court for the Western District of Texas, Austin Division, under the Foreign Sovereign Immunities Act (FSIA). The Court rendered its decision ex parte since the Defendants did not respond the Plaintiff's motion and failed to appear at the hearing. The Court concluded that the general and special requirements for the grant a preliminary injunction to compel arbitration were present, in particular that there was a valid, enforceable arbitration agreement and that the claims asserted fell within the scope of the arbitration agreement. Therefore, the Court ordered that the Ministry of Economy, Trade and Energy of Albania and the National Agency of Natural Resources of Albania and all persons acting in concert with them were enjoined from awarding, transferring or otherwise disposing of any right to explore, develop and/or produce petroleum in the contract area until a final arbitration award is issued pursuant to the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) in the arbitration proceedings between Sky Petroleum and Defendants and that the Defendants must submit the dispute to Arbitration in accordance with the terms of the arbitration clause in the Agreement.
Case report provided by International Arbitration Case Law (IACL)
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