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Quinn Emanuel Urquhart & Sullivan LLP is pressing for a critical review of the D.C. Circuit’s recent ruling, which has stirred the legal waters in a high-stakes clash involving a port operator and the Republic of Djibouti. The firm’s request, filed on Wednesday, seeks to overturn a July decision by a three-judge panel that questioned Quinn Emanuel’s authority to represent Doraleh Container Terminal SA in a $486 million arbitral award enforcement case.

Quinn Emanuel Rehearing Request : Panel's Controversial Decision

In July, the D.C. Circuit panel ruled 2-1 that the federal court should have determined whether Quinn Emanuel had the proper authority to represent Doraleh before addressing the enforcement of the sizable arbitral award against Djibouti. The panel found that Djibouti had presented significant doubts regarding the firm's standing to act on behalf of Doraleh.

Quinn Emanuel's Rehearing Petition

Quinn Emanuel’s petition for a panel rehearing and rehearing en banc argues that the panel’s decision overlooked crucial legal principles established by previous court precedents. The firm contends that the ruling undermines essential rules related to the forfeiture of attorney-authority arguments and the fair opportunity to raise such issues.

The firm asserts that the decision could have far-reaching consequences, potentially complicating the enforcement of judgments and arbitration awards across the nation. According to Quinn Emanuel, the panel’s conclusions are at odds with established legal doctrines, thus warranting a thorough review by the full court.

Background of the Dispute

The dispute centers on Doraleh Container Terminal SA, a joint venture between Djibouti’s port authority and Dubai-based DP World, created to manage a container terminal that began operations in 2008. The conflict arose when Djibouti terminated DP World’s management contract and Doraleh sought to enforce a 2019 arbitral award against the nation.

In 2018, a governance dispute led Djibouti to appoint a provisional administrator for Doraleh, who challenged Quinn Emanuel’s authority to represent the company. The administrator’s objections prompted the legal scrutiny that culminated in the July decision by the D.C. Circuit panel.

Quinn Emanuel Rehearing Request : Legal Representation

Doraleh is represented by Debra O'Gorman, Dennis H. Hranitzky, John F. Bash, Alex Van Dyke, Jacob Bliss, and Alex H. Loomis from Quinn Emanuel Urquhart & Sullivan LLP. Djibouti’s legal team includes Matthew M. Madden of Kramer Levin Naftalis & Frankel LLP.