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- UNITED STATES 22 November 2022 Conti 11
UNITED STATES 22 November 2022 Conti 11
United States District Court, Eastern District of Louisiana, 22 November 2022, CIVIL ACTION No. 22-1114 SECTION: “J”(3)
(Conti 11. Container Schiffarts-GmbH & Co. KG ... Read more
United States District Court, Eastern District of Louisiana, 22 November 2022, CIVIL ACTION No. 22-1114 SECTION: “J”(3)
(Conti 11. Container Schiffarts-GmbH & Co. KG M.S. “MSC Flamina” v. MSC Mediterranean Shipping Company S.A.)
UNITED STATES 22 November 2022 Conti 11
The District Court granted the motion for judgment on the pleadings concerning the confirmation of an award rendered in London. The Court noted that MSC did not seek to oppose confirmation on one of the seven enumerated defenses in the New York Convention, but rather requested that the Court exercise its inherent control of its docket to stay proceedings until a related action pending in the United Kingdom is complete. Because MSC did not raise a valid defense to confirmation, the Court must confirm the award. (This decision was reversed by the Court of Appeals for the Fifth Circuit on 29 January 2024 on grounds of lack of personal jurisdiction over MSC.)
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.