UNITED STATES 23 June 2023 Trithorn Bulk

United States District Court, Southern District of New York, 23 June 2023, 22 Civ. 9628 (JPC)

(Trithorn Bulk A/S v. Duron Capital ... Read more

United States District Court, Southern District of New York, 23 June 2023, 22 Civ. 9628 (JPC)

(Trithorn Bulk A/S v. Duron Capital LLC)

 

23 - 06 - 2023

UNITED STATES 23 June 2023 Trithorn Bulk

Jurisdiction United States
Summary

The Court granted the motion to confirm an award rendered in New York City. Having noted the grounds for refusing confirmation listed in the New York Convention, the Court added that since the arbitration took place in the United States, the award was also subject to the provisions of the Federal Arbitration Act (FAA) governing domestic arbitral awards. The Court referred in this respect to Art. V(1)(e) of the Convention, which implies the primary jurisdiction of the courts of the seat of the arbitration. Duron had not appeared in the action and had therefore not raised, let alone proven, any of the defenses listed in the Convention or grounds for vacatur listed in the FAA. Based on the record, the Court found that none appeared to exist.

Related topics
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
UNITED STATES 23 June 2023 Trithorn Bulk