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CEC Energy Co. v. Virgin Islands Water & Power Authority

Citations: 765 F. Supp. 1234; 1991 U.S. Dist. LEXIS 13146; 1991 WL 94442Docket: Civ. No. 1985-202

Court: District Court, Virgin Islands; February 27, 1991; Federal District Court

Narrative Opinion Summary

The case involves the Virgin Islands Water and Power Authority (WAPA) and CEC Energy Co. Inc. (CEC) concerning a 1985 agreement for the construction and operation of a power facility in the Virgin Islands. CEC failed to complete the facility by the extended deadline, leading WAPA to terminate the agreement. CEC sought arbitration for breach of contract and indemnity claims, which the court granted under the Federal Arbitration Act, emphasizing federal policies favoring arbitration. The court also addressed WAPA's motion to vacate an injunction and discharge a special master, which was partially granted. The special master was initially appointed to ensure compliance with the agreement and injunction, with no appeals against his decisions. CEC's previous litigation did not constitute a waiver of arbitration rights, given the involvement of parties not bound by the arbitration clause. The court found WAPA's request for a declaratory judgment on contract termination moot, as the issue had been resolved through the termination letter. CEC's tortious interference claims, previously stayed, are now permitted to proceed. The case underscores the enforceability of arbitration clauses in commercial agreements and clarifies the roles of parties and appointed officials in overseeing compliance and resolving disputes.

Legal Issues Addressed

Arbitration under Federal Arbitration Act

Application: The court grants CEC's motion to compel arbitration for disputes regarding contract termination, breaches, and indemnity claims, as these are covered under the agreement’s arbitration clause.

Reasoning: CEC’s motion to compel arbitration addresses several issues, including whether the Agreement has been terminated or extended, potential breaches by WAPA, and CEC's entitlement to indemnity and damages.

Federal Policy Favoring Arbitration

Application: The court upholds the arbitration clause in the agreement, reinforcing the federal policy that favors arbitration as a means of resolving disputes.

Reasoning: There is a robust federal policy supporting arbitration for dispute resolution.

Special Master's Role in Contractual Compliance

Application: The special master was appointed to oversee compliance with the injunction and did not adjudicate breach of contract claims, ensuring that arbitration rights were not waived.

Reasoning: The special master was tasked exclusively with ensuring compliance with an injunction without adjudicating breach of contract claims.

Termination of Contractual Agreements

Application: WAPA exercised its right to terminate the agreement due to CEC's failure to make the facility operational within the contractually stipulated time frame.

Reasoning: On December 17, 1990, WAPA's counsel informed CEC of its decision to terminate the Agreement under section 14.3 due to the Facility's non-operational status and lack of progress.

Waiver of Arbitration Rights

Application: CEC did not waive its right to arbitration by previously engaging in litigation, as the lawsuit involved parties not bound by the arbitration clause.

Reasoning: CEC's lawsuit for tortious interference did not waive its right to arbitration regarding breach of contract claims, as it involved parties not bound by the arbitration clause, which would complicate the jurisdiction for tort claims if arbitration were pursued.