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MOBIL CERRO NEGRO v. BOLIVARIAN REPUB. VENEZUELA

Docket No. 15-707 August Term, 2016.

863 F.3d 96 (2017)

MOBIL CERRO NEGRO, LIMITED, Venezuela Holdings, B.V., Mobil Cerro Negro Holding, Limited, Mobil Venezolana De Petroleos Holdings, Incorporated, Mobil Venezolana De Petroleos, Incorporated, Arbitration Award Creditors-Petitioners-Appellees, v. BOLIVARIAN REPUBLIC OF VENEZUELA, Arbitration Award Debtor-Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Last submissions: May 23, 2016.

Decided: July 11, 2017.

Attorney(s) appearing for the Case

JOSEPH D. PIZZURRO ( Kevin A. Meehan , Juan O. Perla , Joseph B. Heath , on the brief), Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, New York, for Respondent-Appellant.

STEVEN K. DAVIDSON ( Michael J. Baratz , Bruce C. Bishop , Jared R. Butcher , Molly Bruder Fox , on the brief), Steptoe & Johnson LLP, Washington, D.C., for Petitioners-Appellees.

Jennifer Jude , Benjamin H. Torrance , Christopher Connolly , Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, New York, New York, Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Sharon Swingle, Civil Division, Department of Justice, Brian Egan, Legal Adviser, Department of State, Washington, D.C., for amicus curiae United States of America.

Before: Pooler, Hall, and Carney, Circuit Judges.

This case requires us to examine the authority of a United States district court to adjudicate an arbitral award-creditor's ex parte petition for entry of a federal judgment against a foreign sovereign premised on an award made under the International Convention on the Settlement of Investment Disputes between...

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