Jones Walker partners George Fowler, Luis Llamas, Bret LeBreton, and Andy Lee, together with former associate Mike O'Brien, represented Corporación AIC in a 12-0 en banc victory in the Eleventh Circuit (US) Court of Appeals. The case involved a $7 million arbitral award that Corporación AIC was originally ordered to pay to Hidroeléctrica Santa Rita related to a failed hydroelectric project in Guatemala that followed an arbitration proceeding conducted in Miami. On April 13, 2023, the full Eleventh Circuit court issued a unanimous decision overruling its prior precedent, bringing that court in line with several other federal courts of appeals, and allowing Corporacion AIC’s case to proceed.
The case was listed as one of Law360’s 2023 “Six Cases to Watch” in international arbitration. George was quoted in the Law360 article, "11th Circ. Overrules Precedent On Award Vacatur Standards," reflecting that this decision "correctly puts the Eleventh Circuit on the same page as other circuits" and will allow the firm’s client to continue its federal court challenge to the arbitration award. Andy was quoted in the Global Arbitration Review article, “US Appeals Court Does U-turn Over Grounds for Set-Aside,” noting that the alignment of the circuit courts of appeals is “good for businesses.” The court’s decision is available here.