TECO v. Guatemala

For the reasons stated in the Court’s Memorandum Opinion, Dkt. 48, and in light of the parties’ proposed judgments, Dkt. 49-1; Dkt. 49-3, it is hereby ORDERED that Petitioner’s motion for judgment on the pleadings or, in the alternative, summary judgment, Dkt. 36, is hereby GRANTED, and Respondent’s motion for summary judgment or, in the alternative, motion for limited discovery or stay, Dkt. 39, is hereby DENIED.

It is further ORDERED that that the award rendered pursuant to chapter IV of the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention") to Petitioner’s favor on December 19, 2013, in the Arbitration (the "Award"). Dkt. 1-2 (Pet.’s Ex. 1), as modified by the subsequent decision on annulment rendered in the arbitration proceeding on April 5, 2016 (the "Annulment Award"), Dkt. 1-3 (Pet.’s Ex. 2) (Annul. Award), is, pursuant to 22 U.S.C. § 1650a, CONFIRMED.

It is further ORDERED that in accordance with the Award, Respondent pay Petitioner $21,100,552 USD, plus interest on that amount at the U.S prime rate plus two percent from October 21,2010 until the date of payment in full, compounded annually, currently totaling $35,036,448 USD as of the date of this judgment. See Dkt. 1-2 at 153(Pet.’s Ex. 1) (Award).

It is further ORDERED that in accordance with the Annulment Award, Respondent shall pay Petitioner $ 142,395.73 USD, plus statutory interest, totaling $146,058 USD as of the dale of this judgment, and post-judgment interest on this amount at the statutory rate pursuant to 28 U.S.C. § 1961. See Dkt. 49-2 (Annex C) (calculating the total award including interest accrued for the relevant period)

It is further ORDERED that in accordance with the Annulment Award, Respondent shall pay Petitioner $273,652.39 USD, plus statutory interest, totaling $279,731 USD as of the date of this judgment, and post-judgment interest on this amount at the statutory rate pursuant to 28 U.S.C. § 1961. See Dkt. 49-2 (Annex B) (calculating the total award including interest accrued for the relevant period).

SO ORDERED.