Inversiones Y Procesadora Tropical Inprotsa, S.A.v.Del Monte International Gmbh
Del Monte developed and commercialized the MD-2 pineapple variety and later obtained an arbitral award against INPROTSA. INPROTSA sought to vacate the international award after Del Monte removed the petition from state court, arguing that the federal court lacked jurisdiction and that the award violated the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Eleventh Circuit affirmed confirmation of the award. It held that the district court had jurisdiction over the removed petition and that INPROTSA had not asserted a valid ground for vacatur under the Convention or the Federal Arbitration Act. The public-policy defense is narrow and applies only when enforcement would violate the forum’s most basic notions of morality and justice. INPROTSA knew of the earlier litigation and the commercial history when it contracted with Del Monte, so enforcement did not meet that demanding standard. The court also rejected the remaining challenges and denied sanctions because the appeal presented several non-frivolous arguments. The published decision clarifies the limited scope of defenses to international arbitration enforcement.
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