R.W. Chelsea Energie Ltd - Symbion Power Holdings LLC - Symbion Power LLC v Vision Indian Ocean (V.I.O.) SA - United States District Court Southern District of New York No 24 Civ 6790 - Opinion and Order - 1 December 2025
Country
Year
2025
Summary
Before the Court are two competing motions: one to vacate an arbitration award stemming from an alleged breach of an agreement regarding the rehabilitation of the Mandroseza Power Plant in Madagascar, and one to confirm it.
After the Arbitrator found a breach of the Shareholders' Agreement, R.W. Chelsea Energie LTD ("Chelsea Energie"), Symbion Power Holdings LLC ("SPH"), and Symbion Power LLC ("SPLLC") (collectively, the "Petitioners") filed, in this Court, a Petition to Vacate the Arbitration Award, Pet. to Vacate ("Petition"), seeking to set aside the Arbitration Award in full, including its award of attorneys' fees and expenses at cost to Petitioners. See Pet'rs' Mem.
of Law in Supp. of Pet. ("Mem. to Vacate"), In response, on November 14, 2024, Vision Indian Ocean (V.I.O.) SA ("Respondent") filed a Motion to Confirm the Arbitration Award, Resp't's Mot. to Confirm Award ("Mot. to Confirm"), opposing the Petition and asking the Court to both (1) confirm the Arbitration Award and (2) award both pre-judgement and post-judgment interest.
For the reasons set forth below, the Petition to vacate the Arbitration Award is DENIED, Respondent's motion to confirm the Arbitration Award is GRANTED, and the Arbitration Award is CONFIRMED.
On July 10, 2024, ICDR Arbitrator Tina M. Cicchetti (the "Arbitrator") issued the final Award, see Award ¶ 626, as modified on August 19, 2024.
