The Southern District of New York recently modified an arbitrator’s award regarding post-judgment interest and declined to award fees and costs related to the prevailing party’s motion to confirm the arbitration award.
Negocios y Telefonia Nedetel S.A. entered into a contract with Kenmar Securities LLC for Kenmar to provide advisory and investment banking services to Nedetel related to a potential sale of Nedetel. The contract included a “success fee” provision that required Nedetel to pay Kenmar a fee if a “transaction” for the sale of Nedetel closed. Nedetel terminated the contract and subsequently entered into a stock purchase agreement to sell 70% of Nedetel and a shareholders’ agreement to sell the remaining 30%. Kenmar claimed those agreements triggered the “success fee” provision and initiated arbitration. An arbitrator ruled in favor of Kenmar and awarded, among other things, post-award interest at the rate of 9%.
Kenmar moved to confirm the award. Nedetel did not dispute the merits of the arbitration award but claimed that post-judgment interest was limited to a rate lower than 9%. The court agreed. The court explained that 28 U.S.C. § 1961 sets a post-judgment interest rate tied to the weekly average one-year constant maturity Treasury yield. The court noted that the parties may contract for a different post-judgment interest rate. Nedetel claimed that the parties had not done that. Kenmar responded that the parties had agreed to a different rate by agreeing to submit the question of post-judgment interest to the arbitrator. The court rejected that argument, explaining that “the parties did not explicitly submit the issue of post-judgment interest to the arbitrator” and that, even if they had, “parties’ agreement to submit the interest rate issue to the arbitrator is insufficient to deviate from Section 1961” because “parties must expressly agree (1) on the interest rate and (2) that this rate applies specifically to post-judgment interest.” The court therefore ordered that post-judgment interest would accrue at the lower rate (approximately 3.28%) sought by Nedetel.
Kenmar also sought the fees and costs that it incurred to confirm the arbitration award. The court declined to award those fees and costs, explaining that “the parties did not agree to award the prevailing party fees and costs stemming from proceedings to confirm the arbitration award” and that it was unaware of any authority that allowed it to otherwise award those fees and costs.
Kenmar Securities LLC v. Negocios Y Telefonia Nedetel S.A. , No. 1:24-cv-06737 (S.D.N.Y. Dec. 19, 2024).
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