Amaplat Mauritius Ltd v Zimbabwe Mining Development Corporation - United States District Court for the District of Columbia Case No 1-22-cv-00058 - Memorandum Opinion and Order - 9 February 2024
Country
Year
2024
Summary
Memorandum Opinion and Order
Mining companies Amaplat Mauritius Ltd. and Amari Nickel Holdings Zimbabwe Ltd. ("Plaintiffs") filed suit under the D.C. Uniform Foreign-Country Money Judgments Recognition Act. The suit seeks recognition of a foreign court judgment enforcing an arbitral award against the Republic of Zimbabwe, the Chief Commissioner of the Zimbabwean Ministry of Mines, and the Zimbabwe Mining Development Corporation ("ZMDC"). The Court has already ruled on one round of motions to dismiss. Teed up now are the Republic and ZMDC's ("Defendants") motion to dismiss the amended complaint for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim. All three grounds for dismissal turn on whether the Republic and ZMDC can be considered alter egos under the Foreign Sovereign Immunities Act ("FSIA"). Finding that Plaintiffs have established an alter-ego relationship between the Republic and ZMDC, the Court denies the motion to dismiss.