UNITED STATES 22 May 2020 Dreymoor Fertilizers
United States District Court, District of Kansas, 22 May 2020, Case No. 20-mc-0105-EFM-GEB
(Dreymoor Fertilizers Overseas Pte. Ltd. v. Avagro, LLC, and UAB Avagro)
UNITED STATES 22 May 2020 Dreymoor Fertilizers
The Court granted confirmation of an award rendered in the United States, finding that the New York Convention applied because the award was made in the United States but did not solely involve United States citizens. Further, the plaintiff duly supplied a copy of the sales contract between the parties that contained the agreement to arbitrate and a copy of the final award. The Court also found that it had personal jurisdiction over the Lithuanian defendant.
The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
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 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.