US Supreme Court denied certiorari to contest enforcement of an ICC award.
The award was rendered against a Swiss company who was declared bankrupt before the arbitration had ended. The Brazilian plaintiffs sought to enforce the award against the US “alter ego” companies of the Swiss company, claiming fraud. In particular, it was argued that the bankruptcy was organized by respondents who delayed arbitration, transferring assets from the Swiss company to another entity. The arguments were accepted by the Second Circuit having remanded the case back to the district court.
The US Supreme Court denied the review.