Gabonese Republic And L’Agence Nationale des Grands Travaux v. ENKA İnşaat Ve Sanayi A.Ş.

Linklaters has acted for the Gabonese Republic and its public works instrumentality, L’Agence Nationale des Grands Travaux in a Washington, D.C. federal court, against ENKA İnşaat Ve Sanayi A.Ş.

Turkish construction company, ENKA Insaat Ve Sanayi A.S. had petitioned the D.C. federal court to enforce a $46.9 million award it claims it secured against Gabon and ANGT from a Swiss tribunal of the International Court of Arbitration.

In January, a U.S. district court declared Gabon and ANGT in default for failure to plead or otherwise defend the action. Linklaters was hired after the entry of default by Gabon and ANGT to oppose default and the enforcement petition.

On September 9, 2019, the U.S. District Court granted Linklaters’ Motion to Vacate the Entry of Default against Gabon and ANGT, preventing ENKA’s attempt to obtain a $49 million default over the unresolved international arbitration award.

The court concluded that Gabon and ANGT’s delay in filing responses had been excusable, and that Gabon and ANGT had raised meritorious defenses against enforcement of the award, allowing them to contest the enforcement of the ICC award to ENKA.

The Linklaters team was led by U.S. partner Adam S. Lurie (Picture) and counsel Kate Machan with support from associates Menaka Nayar and Charlene Warner.

Ambrogio Visconti

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