Hogan Lovells US LLP v. Islamic Republic of Afghanistan

Background

Hogan Lovells US LLP filed a petition to confirm an arbitration award. The caption identifies the respondents as the Islamic Emirate of Afghanistan, as successor in interest, and the Islamic Republic of Afghanistan. Hogan Lovells served the respondents with the petition, supporting materials, and the briefing schedule. The respondents’ opposition was due by November 26, 2024, but they did not respond or otherwise seek relief from the award.

Court’s analysis

The court explained that an unopposed petition to confirm an arbitration award must still be reviewed and is treated like a motion for summary judgment based on the petitioner’s submissions. After reviewing those materials, the court found no genuine dispute of material fact preventing summary judgment on all portions of the award. It also found that the arbitrator’s decision had more than a barely colorable justification for its result. The court found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or cancel, the award.

Ruling

The court granted Hogan Lovells’ unopposed petition to confirm the entire award, including interest and costs provided in the award. Judge Arun Subramanian directed Hogan Lovells to file a proposed judgment electronically by January 10, 2025. Hogan Lovells also requested costs incurred in this court proceeding. As to those additional proceeding-related costs, the court directed Hogan Lovells to file a letter by January 10, 2025, explaining the total amount sought, why the costs were reasonable, and the contractual or other basis for assessing them against the respondents.