A South Florida judge has denied a request by a Peruvian construction company to vacate a $40 million ICC International Court of Arbitration award that the company argued was swayed by the defection of key counsel to the opposing side.

U.S. District Chief Judge Cecilia Altonaga of the Southern District of Florida granted a motion to dismiss the case in a 22-page decision that ruled the petitioner waited too long to object to the switching of sides and failed to demonstrate that the conflict resulted in actual prejudice.