Hogan Lovells US LLP v. Islamic Republic of Afghanistan
- Subramanian
- 1:24-cv-05541
- U.S. District Court · Southern District of New York
- 2
In Hogan Lovells v. Islamic Republic of Afghanistan, Judge Subramanian confirmed the entire unopposed arbitration award and awarded fees, costs, and specified interest.
Hogan Lovells US LLP and the Islamic Emirate of Afghanistan, as successor in interest, and the Islamic Republic of Afghanistan.
What happened
In Hogan Lovells US LLP v. Islamic Republic of Afghanistan, Hogan Lovells asked the court to confirm an arbitration award. The respondents did not oppose the petition or seek relief from the award.
The court treated the unopposed petition like a motion for summary judgment and found no genuine dispute preventing confirmation. It confirmed the entire award, awarded Hogan Lovells its requested fees and costs, granted six-percent interest before judgment, and applied the statutory rate to interest after judgment.
Judge Arun Subramanian granted the petition and directed Hogan Lovells to file an updated proposed judgment. The order also directed the Clerk of Court to strike a specified docket entry.
The detailed version
- Hogan Lovells US LLP v. Islamic Republic of Afghanistan · No. 1:24-cv-05541
- Subramanian
- Jan. 24, 2025
Background
Hogan Lovells US LLP filed a petition asking the court to confirm an arbitration award. The court served the respondents with the petition, supporting materials, and briefing schedule. After several extensions, the respondents’ opposition was due by November 26, 2024. The respondents did not respond to the petition or otherwise seek relief from the award.
The opinion is an amended memorandum opinion and order. The court said the amendment updated an earlier opinion and order based on new documentation concerning Hogan Lovells’s request for attorneys’ fees and costs and clarified the applicable interest rates.
Court’s Analysis
Because the petition was unopposed, the court treated it as similar to a motion for summary judgment based on Hogan Lovells’s submissions. After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing summary judgment as to any portion of the award. The court also found that the arbitrator’s decision provided more than a minimally supportable justification for its result and found no basis under Section 10(a) of the Federal Arbitration Act to vacate the award.
The court found that Hogan Lovells had proved that its requested attorneys’ fees and costs were reasonable and necessary. It also granted post-award, pre-judgment interest at six percent, the rate set by the arbitrator. For interest accruing after judgment, the court held that 28 U.S.C. § 1961(a) required use of the statutory rate rather than any rate set by the arbitrator.
Ruling
Judge Arun Subramanian granted Hogan Lovells’s unopposed petition to confirm the entire arbitration award. The court awarded the requested fees and costs, granted six-percent post-award, pre-judgment interest, and awarded post-judgment interest at the statutory rate from the date judgment is entered until payment. Hogan Lovells was directed to file an updated proposed judgment by January 30, 2025. The Clerk of Court was directed to strike Docket Entry 22.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.
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