X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER  Petitioners Global Gold Mining LLC and Global Gold Corporation (together, “Global Gold” or “Petitioners”) have filed a motion for summary judgment requesting confirmation of a final arbitration award issued pursuant to a contract between the parties requiring arbitration. This is Petitioners’ second request for confirmation, as they obtained confirmation of a partial award in a previous case in this District before Judge Kenneth M. Karas. See Glob. Gold Min. LLC v. Caldera Res., Inc., 941 F. Supp. 2d 374, 378 (S.D.N.Y. 2013) (“Global Gold I”). Petitioners now seek confirmation of the arbitrator’s final award. The motion is unopposed. While Respondent Caldera Resources, Inc. (“Caldera” or “Respondent”) appeared for the initial hearings before the arbitrator and the proceedings before Judge Karas, it declined to appear in the final arbitral hearings and has not appeared at all before this Court. For the reasons set forth below, Petitioners’ motion is granted in part, with modifications made to the arbitration award’s calculation of post-judgment interest. BACKGROUND1A. Factual BackgroundFor Petitioners, the history of this case conjures up images of digging for years through sediment and rock in order to reach the gemstones beneath. The parties have already been before this Court several times. First, Judge Alvin K. Hellerstein, sitting in Part One, selected an arbitrator for the parties. See Order Appointing Arbitrator, No. 11 Misc. 25, Caldera Res., Inc. v. Global Gold Mining LLC (S.D.N.Y. Mar. 1, 2011). Then, upon the parties’ request, Judge Karas issued an interim order maintaining the status quo while the arbitration proceeded. See Amended Order, No. 12 Civ. 613 (KMK), Caldera Res., Inc. v. Global Gold Mining LLC, et al. (S.D.N.Y. Feb. 3, 2012). Finally, in Global Gold I, Judge Karas issued an order confirming much of the arbitration award and allowing proceedings on damages to go forward before the arbitrator. 941 F. Supp. 2d at 388-89. Given this extensive history, the Court does not recount the facts of the case in detail, but will provide only those necessary to resolve the instant motion.Petitioner Global Gold Mining LLC is a “Delaware limited liability company…and is a wholly owned subsidiary of Global Gold Corporation.” (Pet’rs 56.11). Global Gold Corporation is a Delaware corporation. (Id. at2). Caldera is a Quebec corporation. (Id. at3). “Both companies are in the business of mining for precious metals, especially gold.” Global Gold I, 941 F. Supp. 2d at 378.This case arises from Respondent’s alleged failure to fulfill its obligations under a joint venture agreement (the “JVA”) with Petitioners. (Pet’rs 56.1

4-8). The JVA concerned formation of a jointly-opened company to oversee operations of a gold mine in Armenia, the Marjan gold mining property. Global Gold I, 941 F. Supp. 2d at 379. The parties agreed to resolve their dispute by arbitration pursuant to Section 7 of the JVA. (JVA7). The parties further agreed to bifurcate the arbitration into two parts: first, a determination of liability, and second, a calculation of damages. (Pet’rs 56.111). On March 29, 2012, the arbitrator, retired State Supreme Court Justice Herman Cahn, issued a decision that resolved the first issue and resolved the question of disputed assets by awarding the property to Global Gold and some remuneration to Caldera. (Id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›