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- UNITED STATES 4 May 2020 Reddy
UNITED STATES 4 May 2020 Reddy
United States District Court, Western District of North Carolina, Charlotte Division, 4 May 2020, DOCKET NO. 3:18-cv-00172-FDW-DSC
(Rachan Damidi Reddy v. Rashid A. Buttar)
UNITED STATES 4 May 2020 Reddy
The Court granted a motion for summary judgment to enforce a SIAC award, finding that the defenses to confirmation failed. First, the respondent failed to advise the Court on any provision of Singapore law which might render the arbitration agreement invalid, or to prove that the award was procured by fraud (taking into account that the public policy defense was to be construed narrowly). Second, although the respondent was not barred by collateral estoppel from resisting confirmation on the ground that he did not have a full and fair opportunity to litigate during the arbitration, this contention failed on the facts of the case.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
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.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.