UNITED STATES 11 September 2023 Office Create

United States District Court, Southern District of New York, 11 September 2023, 22-cv-8848 (ER)

(Office Create Corporation v. Planet Entertainment, LLC, ... Read more

United States District Court, Southern District of New York, 11 September 2023, 22-cv-8848 (ER)

(Office Create Corporation v. Planet Entertainment, LLC, and Steve Grossman)

11 - 09 - 2023

UNITED STATES 11 September 2023 Office Create

Jurisdiction United States
Summary

The District Court denied the cross-motion to vacate an ICC award rendered in the United States in respect of a dispute concerning the termination of a license agreement for a videogame called Cooking Mama. Having first pointed out the US proenforcement policy and the limited grounds for refusing confirmation under the New York Convention, the Court refused to vacate the award, rejecting as unfounded the respondents’ claim that the award was rendered in manifest disregard of the law because the tribunal was wrong in piercing the corporate veil and finding that the individual respondent, Grossman, was bound by the arbitration clause in the license agreement. The Court then accordingly granted the motion to confirm.

Related topics
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
UNITED STATES 11 September 2023 Office Create