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UNITED STATES 2025-3
United States District Court, Southern District of New York, 26 February 2024, Case No. 1:23-cv-2319-MKV
(Valentino S.p.A. v. Mrinalini, Inc.)
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United States District Court, Southern District of New York, 26 February 2024, Case No. 1:23-cv-2319-MKV
(Valentino S.p.A. v. Mrinalini, Inc.)
301, 500, 501, 511, 512, 514
UNITED STATES 2025-3
An Italian award rendered in accordance with the rules of the Milan Chamber of Arbitration was granted confirmation. The Court noted that it had already rejected the argument that the arbitrators had exceeded their authority. Also, while it was true that an annulment action had been pending in Italy at the time Valentino filed its US exequatur petition, the Milan Court of Appeals had since dismissed the action. Nor were there due process grounds to refuse exequatur. Mrinalini claimed that, as a small company, it had not had resources to hire Italian counsel, and that Valentino had raised additional claims late in the arbitration. The Court found, on the record, that Mrinalini had in fact been represented by US and Italian counsel, had submitted statements, and made several appearances in the Italian arbitration.
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 overall scheme and/or pro-enforcement bias of the Convention.
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.