D.C. Circuit Grants EIG Energy Funds' Summary Affirmance Motion

On Jan. 16, 2020, Kramer Levin achieved another notable victory for EIG Energy Funds XIV and XV before the U.S. Court of Appeals for the D.C. Circuit. The appeal by Petrobras stemmed from a decision by the district court to decline to stay proceedings pending arbitration. The district court determined that Petrobras had forfeited its arbitration right and expressly waived arbitration earlier in the proceeding. Before the D.C. Circuit, EIG moved for summary affirmance, arguing that full merits briefing and oral argument were not necessary to resolve the appeal. The D.C. Circuit agreed. It determined that the merits of the parties’ positions were "so clear" as to warrant summary action and summarily affirmed the district court's decision.