Vale S.A. v. BSG Resources Limited
||December 9, 2019
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
||Other Statutes: Arbitration
|Cause of Action:
||09:207 Application for order confirming award of arbitrators
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|January 23, 2020
ORDER: Accordingly, it is hereby:ORDERED that the parties shall appear for a conference on February 26, 2020, at 10:30 a.m. IT IS FURTHER ORDERED that by February 17, 2020, the parties shall submit a joint letter setting forth their joint or separa te positions, including relevant supporting authority, on the following topics: 1) What is the procedural posture of Defendants Chapter 15 bankruptcy? What is the procedural posture of the Guernsey Administration? 2) What effect would a judgment i n this case have on the Chapter 15 bankruptcy, the Guernsey Administration, or any other proceeding? 3) What effect would the Chapter 15 bankruptcy, the Guernsey Administration, or any other proceeding have on enforcement of a judgment in this case ? 4) Leaving aside any arguments about the merits of any contemplated request for injunctive relief, if judgment is entered against Defendant in this case and Defendant wishes to make an application for a stay of enforcement: a. Under what statute or other source of law would Defendant bring that application? b. Which court or courts would have jurisdiction to hear the application? c. If both the district court and the bankruptcy court would have jurisdiction, which court would be the proper or preferred forum to hear the application? IT IS FURTHER ORDERED that if the parties believe formal briefing is necessary, they shall submit a proposed briefing schedule within seven (7) days of this Order. SO ORDERED. (Status Conference set for 2/26/2020 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 1/23/2020) (js)
|December 9, 2019
ORDER: Accordingly, it is hereby: ORDERED that Defendant shall submit a response to Plaintiff's letter by December 23, 2019, detailing the impact of the English High Court's decision, if any, on the arguments it has presented in opposition to Plaintiff's petition and in support of its cross-motion to dismiss or, in the alternative, adjourn any decision on enforcement of the arbitral award. (Docs. 19-21.) SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/9/2019) (rro)
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