The case of the day is Grupo Unidos Por El Canal S.A. v. Autoridad del Canal de Panama (S.D. Fla. 2018). As you may have guessed, it’s a case about a construction project at the Panama Canal. The parties engaged in an ICC arbitration in Miami, which resulted in an award of damages of $22 million in favor of ACP. Grupo Unidos brought a petition to vacate the award, and ACP sought confirmation. ACP, an instrumentality of Panama, argued that the motion to vacate was barred because it was untimely under 9 U.S.C. § 12 and in light of ACP’s FSIA immunity.
The parties’ contract provided:
All written notifications and communications arising in the course of this arbitration shall be deemed to have been validly made to each Party where they have been transmitted to [ACP’s arbitration counsel].
All written communications of less than twenty pages shall be sent by email (eventually confirmed by fax or courier service) and all written communications of twenty or more pages, including formal submissions and all attachments, shall be sent by email and hand delivery/courier service.