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13-2930 - IMPALA PLATINUM HOLDINGS LIMITED et al v. A-1 SPECIALIZED SERVICES AND SUPPLIES, INC.


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13-2930 - IMPALA PLATINUM HOLDINGS LIMITED et al v. A-1 SPECIALIZED SERVICES AND SUPPLIES, INC.
April 26, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/26/16. 4/26/16 ENTERED AND COPIES MAILED, E-MAILED. COPY FORWARDED TO ARBITRATION. (fdc)
April 26, 2016
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BEING THE WHOLE OF IMPALA'S LEGAL AND OTHER COSTS INCURRED IN THE ARBITRATION PROCEEDING BEFORE THE LCIA. 4. DEFENDANT'S MOTION TO VACATE THE ARBITRATION AWARD [ECF 46] IS DENIED. 5. DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECT EXHIBIT AND SUPPLEMENT RECORD IN SUPPORT OF MOTION TO VACATE [ECF 63] IS GRANTED, IN LIGHT OF PLAINTIFFS' NON-OPPOSITION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/26/16. 4/26/16 ENTERED AND COPIES MAILED, E-MAILED. COPY FORWARDED TO ARBITRATION.(fdc) Modified on 4/26/16 (fdc).MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION TO LIFT STAY, CONFIRM FINAL ARBITRATION AWARD, AND ENTER JUDGMENT IN CONFORMITY WITH FINAL ARBITRATION AWARD [ECF 42] IS GRANTED. IT IS FURTHER ORDERED THAT THE STAY OF PROCEEDINGS EFFECTED BY THIS COURT'S 1/9/14 CONSENT ORDER IS HEREBY LIFTED. THE FINAL AWARD ENTERED BY THE LONDON COURT OF ARBITRATION ("LCIA"), LCIA NO. 142657, DATED 12/9/15, IS CONFIRMED. IN ACCORDANCE WITH THE TERMS OF THE AWARD, FINAL JUDGMENT IS HEREBY ENTERED IN FAVOR OF PLAINTIFFS IMPALA PLATINUM HOLDINGS LIMITED AND IMPALA REFINING SERVICES LIMITED (COLLECTIVELY, "IMPALA") AND AGAINST DEFENDANT A-1 SPECIALIZED SERVICES AND SUPPLIES, INC. ("A-1"), AS FOLLOWS: A. A-1 IS ORDERED TO PAY IMPALA DAMAGES IN THE AMOUNT OF $189,668,037.20. B. A-1 IS FURTHER ORDERED TO PAY IMPALA PRE-AWARD INTEREST IN THE AMOUNT OF $9,699,000, AS CALCULATED AND AGREED UPON BY IMPALA AND A-1. C. A-1 IS FURTHER ORDERED TO PAY IMPALA POST-JUDGMENT INTEREST IN THE AMOUNT OF $10,392.77 PER DAY, RUNNING FROM 12/10/15, FOR EACH DAY THAT THE AWARD REMAINS OUTSTANDING. D. A-1 IS FURTHER ORDERED TO PAY IMPALA THE AMOUNT OF $172,229 (THE U.S. DOLLAR EQUIVALENT, AS OF 12/9/15, OF THE GBP 115,021.38 AWARDED BY THE ARBITRATION PANEL), REPRESENTING THE REGISTRATION FEE AND ADVANCES PAID BY IMPALA ON ACCOUNT OF THE ARBITRATION COSTS OF THE PROCEEDINGS BEFORE THE LCIA. E. A-1 IS FURTHER ORDERED TO PAY IMPALA THE AMOUNT OF $1,844,064.62,