U.S. nuclear energy firm Westinghouse Electric Company has decided to continue its legal battle against South Korean state firms even after a U.S. court dismissed its lawsuit.
In a statement sent to Yonhap News on Tuesday, David Durham, the president of Energy Systems at Westinghouse, said that his firm intends to appeal the ruling by the U.S. district court in Washington D.C.
The court dismissed the U.S. firm’s suit on Monday as it accepted the claim by Korea Hydro and Nuclear Power(KHNP), ruling that a private entity has no authority to sue for the enforcement of Chapter 10, Section 810 of U.S. Federal Regulations.
In October of last year, Westinghouse filed in U.S. federal court against KHNP and its parent company, the Korea Electric Power Corporation, seeking to block the export of the APR1400 nuclear reactor by KHNP to Poland.
In his statement, Durham reportedly said that the court simply ruled that the authority to enforce the regulation lies with the U.S. government, and the decision has no bearing on the ongoing arbitration over the South Korean firms’ prohibited transfer of Westinghouse’s intellectual property outside the country.
He added that the main dispute is the use of his firm’s intellectual property outside of South Korea.