Empresa Constructora Contex Limitada v. Iseki, Inc.

ORDER DENYING DEFENDANT’S REQUEST TO CONDUCT DISCOVERY FOR OPPOSITION TO ENFORCEMENT OF FOREIGN ARBITRATION AWARD

I. INTRODUCTION

This matter is before the court pursuant to the Order Following Early Neutral Evaluation Conference in this case. Counsel for both parties were ordered to file briefs outlining their positions regarding whether defendant Iseki, Inc. (“Iseki”) should be permitted to conduct specific additional discovery for purposes of opposing Empresa Constructora Contex Limita-da’s (“Contex”) action to confirm and enforce a foreign arbitration award. The court finds the matter appropriate for submission on the papers and without oral argument, pursuant to Local Civil Rule 7.1(d)(1). Having carefully considered the papers submitted and relevant authority, the court DENIES Iseki’s request for leave to conduct the requested additional discovery.

II. FACTS AND PROCEDURAL HISTORY

The facts pertinent to the due process discovery issue are taken from the parties’ briefs and the facts recited in the arbitrator’s 101-page August 1997 Final Judgment (“Final Judgment”), provided as Exhibit “A” to Contex’s Complaint For Enforcement of Foreign Arbitration Award and to Contex’s…