UNITED STATES 17 November 2022 America Steel Trade
United States District Court, Middle District of Florida, Orlando Division, 17 November 2022, Case No: 6:22-cv-915-RBD-EJK
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United States District Court, Middle District of Florida, Orlando Division, 17 November 2022, Case No: 6:22-cv-915-RBD-EJK
(America Steel Trade Corporation v. Metalhouse, LLC)
UNITED STATES 17 November 2022 America Steel Trade
The Magistrate Judge recommended the Court to grant default judgment confirming an award rendered in London. Having found that the District Court had subject matter jurisdiction over this action falling under the New York Convention, and personal jurisdiction over the Floridian defendant, the Judge noted that the action was duly brought within the three-year limit, and that the petitioner had submitted the necessary documents, thus establishing a prima facie case for confirmation of the award. The respondent had not appeared to satisfy its burden to prove any of the grounds for refusal listed in the Convention.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the applicable period of limitation for seeking enforcement of an award.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.