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UNITED STATES 11 August 2023 Gjensidig
United States District Court, District of Nevada, 11 August 2023, Case Number: 2:23-cv-00960-JCM-BNW
(Assuranceforeningen Skuld Gjensidig ... Read more
United States District Court, District of Nevada, 11 August 2023, Case Number: 2:23-cv-00960-JCM-BNW
(Assuranceforeningen Skuld Gjensidig and Skuld Mutual Protection and Indemnity Association (Bermuda) Ltd. v. M&F Fishing, Inc., a Nevada Corporation)
UNITED STATES 11 August 2023 Gjensidig
Gjensidig sought to confirm a Norwegian award rendered in an arbitration in which M&F Fishing did not appear. By this (proposed) order, the District Court granted the application, finding that none of the grounds for refusal listed in the New York Convention applied and noting, in particular, that the arbitral tribunal attempted multiple times to provide M&F Fishing an opportunity to present its defense, before issuing its award.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.