Summary

Respondent Levona Holdings Ltd., joined by Eletson Holdings, Inc., has moved to vacate the arbitral award granted in favor of Eletson Holdings in 2023. The motion to vacate is opposed by Apargo Ltd., Desimusco Ltd., and Fentalon Ltd., Intervenors and beneficiaries of the award. Levona moves also for sanctions against Intervenors for discovery violations committed with respect to the present action. For the following reasons, the motion for sanctions is granted and the motion to vacate the award is granted.

Levona has demonstrated that no genuine issue of material fact remains as to whether the arbitral award should be vacated-the evidence is clear and convincing that Eletson committed fraud in the arbitration and on the Arbitrator that was material to the result and that Levona could not have discovered even with due diligence. As a result of the fraud, Levona was denied a fair hearing. Levona also has established the basis for equitable tolling. The motion to vacate the arbitral award is therefore GRANTED. Levona's motion for discovery sanctions is also GRANTED. The parties did not brief the form that the proceedings should take if the award was vacated.

Fraud, Fraudulent Conduct, Arbitration.