Court Denies Motion To Enforce Judgment And Grants Motion To Stay Pending Appeal In Contentious Arbitration Clause Dispute

Carlton Fields
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We previously reported on the confirmation of three awards in a dispute between National Indemnity Company (“NICO”) and IRB Brasil Ressegurous S.A (“IRB”).  In April, NICO submitted a motion for an award of its fees and costs incurred in different forums related to the dispute, and requested oral argument. The court has now denied the motion because it was “ill-timed and ill-conceived” and denied oral argument “given the extensive opportunity for briefing.” The court also granted IRB’s motion to stay the underlying judgment pending appeal, in a separate order entered on the same day. National Indemnity Co. v. IRB Brasil Ressegurous S.A., Case No. 15-cv-3975 (USDC S.D.N.Y. May 17, 2016) (Order on Motion for Fees) (Order on Motion for Stay Pending Appeal).

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