INVESTCOM CONSORTIUM HOLDING SA and SCANCOM LIMITED, Plaintiffs, v. CHRISTIAN K. WILMOT; WCW INTERNATIONAL, INC.; GRAND VIEW MANAGEMENT LIMITED; and RICHMOND AGGREY, Defendants., 2009 U.S. Dist. LEXIS 30958

Summary

A shareholder had previously filed suit in Ghana, contending that he was the beneficial owner of shares in one plaintiff, which he sold to a defendant, who in turn sold them to the second plaintiff. After the London Court of International Arbitration (LCIA) found against the shareholder, he successfully petitioned the High Court of Justice in Ghana for an anti-suit injunction restraining further action in the LCIA's proceedings. Plaintiffs sought a declaratory judgment under the Convention to enforce the LCIA's partial arbitral award in their favor. Assuming without deciding that the partial award was an enforceable final arbitration award, the court held that plaintiffs showed a likelihood of success on the merits because the Convention, 9 U.S.C.S. § 207, expressly required the court to enforce the arbitral award. However, plaintiffs failed to carry their burden of showing they would suffer irreparable harm. Plaintiffs' affidavits, submitted without live testimony at the preliminary ...