Casino Commission Appeals Federal Injunction in Favor of IPI | New
THE Commonwealth Casino Commission, through Assistant Attorneys General Keisha Blaise and Alison Nelson, is appealing to the United States Court of Appeals for the Ninth Circuit the federal court’s decision granting Imperial Pacific International’s claim LLC Preliminary Injunction and Compulsory Arbitration.
The CCC filed a notice of appeal with the NMI District Court on Friday.
In a 21-page memorandum decision released Sept. 26, Chief Justice Ramona V. Manglona granted IPI’s motion for a preliminary injunction and allowed the casino developer to seek arbitration in its dispute with CCC regarding the casino license agreement or CLA and the casino. Developer Force Majeure Defense.
On May 23, 2022, IPI filed for a temporary restraining order against the commission to convene an enforcement hearing on May 24-25, 2022, which would revoke IPI’s exclusive casino license. The court granted IPI’s motion.
IPI also sought an order requiring the casino commission to participate in non-binding arbitration with the American Arbitration Association pursuant to Section 30 of the casino’s license agreement, and a preliminary injunction against the commission to proceed with the revocation without first going through arbitration.
Judge Manglona concluded that the court has the authority to determine whether IPI has waived its right to arbitrate under the CLA, and that if so, IPI has not waived its right to arbitrate as to the allegations contained in the 2021 complaints, which are the subject of the 2022 revocation hearing before the CCC.
“IPI must be allowed to arbitrate all disputes about the applicability of its force majeure defense to the allegations in the 2021 claims, lest CLA Section 25 be rendered meaningless,” he said. she declared.
The judge granted IPI’s motion for a preliminary injunction restraining the CCC from proceeding with the 2022 dismissal hearing based on the 2021 complaints.
It also granted IPI’s motion to compel CCC to submit to arbitration pursuant to Section 30 of the CLA.
As the court said in a hearing on August 24, 2022, the Casino Commission’s earlier decision to suspend IPI’s license based on the 2020 complaints, which was upheld by the Commonwealth Superior Court and is now pending appeal, undisturbed by the district court’s decision.
IPI is represented by lawyers Kevin Abikoff and Samuel Salyer.
The Casinos Commission recently asked the CNMI Superior Court to enforce its decision to suspend IPI’s exclusive casino license for its non-payment of the community benefits fund, the casino’s annual license fee and regulations.
The commission asked the local court for an order finding that IPI failed to comply with Commission Order 2021-002 and that $25,252,570 is now owing in full with interest.