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Cessna Faces Fight Over Bid To Collect On $90M Award
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The Second Circuit Court of Appeals recently affirmed a decision confirming a decision by the International Chamber of Commerce (ICC) that applied the law of the United Arab Emirates (UAE).
Cessna Finance Corp. leased several private jets to startup Prestige Jet Rental. Ghaith Al Ghaith, Prestige’s chairman, who was also the deputy chairman of Al Ghaith Holding Co. PJSC (AGHC), guaranteed the lease agreements in his capacity as deputy chairman of AGHC. When Prestige defaulted, Cessna initiated arbitration in the ICC pursuant to the lease agreements against AGHC. AGHC argued that Al Ghaith’s guarantee was invalid because its articles of association required the signatures of “two out of three” of its chairman, deputy chairman, and managing director to bind the company, and only Al Ghaith had signed the guarantee. The ICC rejected that claim, finding that “AGHC was bound by ‘good faith’ under … the UAE Civil
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2nd Circ. Won t Nix Cessna s $51M Arb. Win Against UAE Co.
Law360 (April 22, 2021, 4:54 PM EDT) The Second Circuit has backed a lower court s affirmation of a $51.7 million arbitral award in an airplane leasing dispute, saying that Emirati holding company Al Ghaith Holding Co. PJSC hadn t shown the arbitration panel lacked justification.
A three-judge panel upheld the award granted to Cessna by the International Chamber of Commerce, saying that Al Ghaith a company with interests in industrial assets, oil and gas, real estate and hotels failed to meet the big burden required of it when it argued the ICC had disregarded the laws of the United Arab Emirates in giving the award.
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Emirati Co. Gets Google Info Bid Nixed In $90M Award Row
Law360 (March 12, 2021, 8:58 PM EST) A New York federal judge on Friday nixed subpoenas requesting information from Google as Cessna tries to track down an Emirati company s assets to enforce a $90 million arbitral award relating to a defaulted business jet lease deal, saying the aircraft manufacturer hadn t provided proper notification.
U.S. Magistrate Judge Kevin Nathaniel Fox agreed with Al Ghaith Holding Co. PJSC that the subpoenas are procedurally improper. The United Arab Emirates-based company argued in October that its ability to protect its interests in the dispute with CesFin Ventures LLC was prejudiced as a result, since it had been left with limited time to analyze and.
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