Kaiser Group International Inc. et al. v. International Finance Corporation

Filing 6

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 3/25/14. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Kaiser Group International, et al.
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Kaiser Group International, Inc., et al.,
Appellants,
v.
International Finance Corporation,
Appellee.

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C. A. No. 14-321
Bankruptcy Case No. 00-2263
ADV 01-928
AP No. 14-3

RECOMMENDATION
At Wilmington this 25th day of March, 2014.
WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern
Mediation of Appeals from the United States Bankruptcy Court for this District dated
September 11, 2012, the court conducted an initial review, which included information
from counsel, to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of the above screening process, the issues
involved in this case are not amenable to mediation and mediation at this stage would
not be a productive exercise, a worthwhile use of judicial resources nor warrant the
expense of the process. According to the parties, this matter was referred for arbitration
before a three-member tribunal of the International Court of Arbitration, which held a
multi-day evidentiary hearing and ultimately issued an award in favor of International
Finance Corp. The matter on appeal is whether it was appropriate to send the dispute
to arbitration, and the parties advise there is no middle ground that could lead to a

mutually acceptable resolution.
THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a)
Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court
for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory
referral for mediation and proceed through the appellate process of this Court. The
parties through this order are advised of their right to file objections to this
Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D.
DEL. LR 72.1. In light of their mutual position regarding mediation, it is understood an
objection will not be asserted.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

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