International Transactions, Ltd. v. Embotelladora Agral Regiomontana, SA De CV

I respectfully dissent. Although this may be a fairly close question if examined de novo, by no stretch of the imagination did Chief Judge Fish abuse his discretion in granting comity to the decisions of the Mexican bankruptcy court.

The salient facts are these: In 1996, ITL had contemporaneous actual knowledge of Agral’s default and of the arbitration. In 1997, ITL had contemporaneous actual knowledge of the award, of Agral’s bankruptcy, and of Sharp’s proof of claim in the Mexican bankruptcy court. ITL chose not to reveal itself but instead to rely on Sharp as its collection agent. ITL knew…