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Doraleh Container Terminal SA v. Republic of Djibouti

Docket 23-7023, U.S. Court of Appeals, D.C. Circuit (Feb. 28, 2023)
Other Statutes (Appeals)
Case Type3896 Other Statutes
Tags3896, Other, Statutes, 3896, Other, Statutes
Petitioner - Appellee Doraleh Container Terminal SA
Respondent - Appellant Republic of Djibouti
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OPINION [2067333] filed (Pages: 17) for the Court by Judge Rao, DISSENTING OPINION (Pages: ...

Document Doraleh Container Terminal SA v. Republic of Djibouti, 23-7023 (D.C. Cir. Jul. 30, 2024)
The Djiboutian court agreed and appointed a provisional administrator, Chantal Tadoral, ostensibly independent of either shareholder, to manage Doraleh in place of the board of directors controlled by DP World.
Djibouti appealed, arguing the district court erred by entering judgment without determining whether Doraleh authorized Quinn Emanuel to file this petition to enforce the arbitral award.
Challenges to an attorney’s authority to represent a party rarely arise in modern litigation, but the governing principles are well established in Supreme Court decisions and a traditional understanding of our adversarial judicial system.
Djibouti argued before the district court that Quinn Emanuel lacked authority to represent Doraleh and provided declarations from Tadoral, the Djiboutian-court-appointed 5 Contrary to the dissent’s suggestion, our review is not limited to the traditional abuse of discretion standard.
Again, this is the type of contextual inquiry called for by Pueblo of Santa Rosa, 273 U.S. at 319, and Booth, 101 F.2d at 683, and left to the district court’s discretion in light of time and manner adapted to the context of the case.
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No. 01208648003 OPINION [2067333] filed (Pages: 17) for the Court by Judge Rao, DISSENTING OPINION (Pages: ...

Document Doraleh Container Terminal SA v. Republic of Djibouti, 23-7023, No. 01208648003 (D.C. Cir. Jul. 30, 2024)
The Djiboutian court agreed and appointed a provisional administrator, Chantal Tadoral, ostensibly independent of either shareholder, to manage Doraleh in place of the board of directors controlled by DP World.
Djibouti appealed, arguing the district court erred by entering judgment without determining whether Doraleh authorized Quinn Emanuel to file this petition to enforce the arbitral award.
Challenges to an attorney’s authority to represent a party rarely arise in modern litigation, but the governing principles are well established in Supreme Court decisions and a traditional understanding of our adversarial judicial system.
Djibouti argued before the district court that Quinn Emanuel lacked authority to represent Doraleh and provided declarations from Tadoral, the Djiboutian-court-appointed 5 Contrary to the dissent’s suggestion, our review is not limited to the traditional abuse of discretion standard.
USCA Case #23-7023 Document #2067333 Filed: 07/30/2024 Page 20 of 34 international legal framework within which the arbitral proceedings could be conducted largely in accordance with the parties’ desires and the arbitrators’ directions, and whose results could be effectively enforced in national courts around the world.
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