Arent Fox Helps Peruvian Coop Vacate Arbitral Award

Latin Lawyer featured work by partners Hunter Carter, Lee Caplan, and Timothy Feighery and associate Cesar Francia after they helped liberate a Peruvian farmers’ cooperative from a $2.6 million arbitration award brought by commodity trader Transmar Commodity Group. 

Latin Lawyer reported that a US District Court in New York ruled “that an arbitration award against Cooperative Agraria Industrial Naranjillo in February was invalid because the cooperative was unaware that an arbitration clause existed in contracts they signed with a cocoa trading house in 2012.”

“Arbitration is about consent, not coercion, so consent needs to be shown,” said Hunter. “Dialogue is essential in an asymmetrical relationship like this, so I’m very hopeful both parties can now sit down and negotiate a mutually beneficial solution.”

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