Gulf LNG Beats Eni’s Bid for New Arbitration in Pipeline Appeal

Gulf LNG Energy LLC escaped a second round of arbitration over its pipeline dispute with Eni SpA when Delaware’s top court ruled that the “collateral attack” on a $371 million judgment won by Gulf should have been raised within 90 days under the Federal Arbitration Act’s post-award procedures.

Although Eni “supposedly does not seek to undo the award,” its request for “damages” in the exact amount it paid in restitution “elevates pleading over substance,” Chief Justice Collins J. Seitz Jr. wrote for a divided state Supreme Court. “Allowing Eni to re-arbitrate deductions to the restitution award would give Eni a ...