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BECHTEL DO BRASIL v. UEG ARAUCÁRIA LTDA.

Docket No. 10-0341-cv.

638 F.3d 150 (2011)

BECHTEL DO BRASIL CONSTRUÇÕES LTDA., Bechtel Canada Co., and Bechtel International, Inc., Plaintiffs-Counter-Defendants-Appellees, v. UEG ARAUCÁRIA LTDA., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 22, 2011.

Attorney(s) appearing for the Case

Steven L. Smith ( Marcus S. Quintanilla , on the brief), O'Melveny & Myers LLP, San Francisco, CA, for Plaintiffs-Counter-Defendants-Appellees.

Jeffrey S. Follett ( Ronald E. Goodman , on the brief), Foley Hoag LLP, Washington, D.C., for Defendant-Counter-Claimant-Appellant.

Quinn Smith , Quinn International Legal Consultants, P.A., Miami, FL, for Associação Brasileira Dos Produtores Independentes De Energia Elétrica and Associação Brasileira De Geradoras Termelétricas, as amicus curiae.

Before: KATZMANN, SACK, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

Plaintiffs Bechtel do Brasil, Bechtel Canada, and Bechtel International filed this action seeking to stay arbitration in connection with defendant UEG Araucária's claims of breach of contract, negligence and fraud. Plaintiffs contended that defendant's claims were barred by the applicable statute of limitations. Defendant responded that matters of timeliness were for the arbitrator to decide and that, in any event, its claims were...

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