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Government of Belize v. BCB Holdings Limited

Petition for certiorari denied on January 9, 2017

Docket No. Argument Opinion Vote Author Term
16-136 N/A N/A N/A N/A OT 2016

Issue: (1) Whether, under the doctrine of forum non conveniens, as applied to a confirmation action to enforce a foreign arbitral award, a foreign forum is per se inadequate because assets in the United States cannot be attached by a foreign court, as the D.C. Circuit has held; or whether forum non conveniens remains a viable doctrine in foreign arbitration confirmation actions if the foreign forum has jurisdiction and there are some assets of the defendant available in the alternative forum, as the Second Circuit held; and (2) whether, under Article V(2)(b) of the New York Convention, public policy in favor of arbitration yields where confirmation of an arbitral award would be contrary to countervailing public policies such as constitutional separation of powers principles, combating government corruption, and/or international comity.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/26/2016Petition for a writ of certiorari filed. (Response due August 29, 2016)
08/04/2016Order extending time to file response to petition to and including September 28, 2016.
08/29/2016Brief amicus curiae of Government of Guyana filed.
09/28/2016Brief of respondents BCB Holdings Limited, et al. in opposition filed.
10/12/2016DISTRIBUTED for Conference of October 28, 2016.
10/12/2016Reply of petitioner Government of Belize filed. (Distributed)
10/19/2016Rescheduled.
12/21/2016DISTRIBUTED for Conference of January 6, 2017.
01/09/2017Petition DENIED.