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UNITED STATES 1071
United States District Court, Northern District of California, 31 May 2024, Case No. 23-cv-02159-RFL
(Lihua Song v. Wenbin Que, et al.)
UNITED STATES 1071
The District Court granted the plaintiff’s petition to confirm a Chinese award, dismissing an objection of violation of due process. Having reviewed video and transcripts, the Court held that the inattention of one of the arbitrators and poor connection during videoconference hearings did not rise to a level of deficiency that violated US standards of due process. The Court also found that the defendant had been given sufficient notice of the arbitration process, and that it was irrelevant that a Hong Kong court – a court of secondary jurisdiction under the Convention – had denied the application to enforce the award.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.