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UNITED STATES 13 January 2021 Cognac Ferrand
United States District Court, Southern District of New York, 13 January 2021, 20 Civ. 5933 (PAE)
(Cognac Ferrand S.A.S. v. Mystique Brands LLC)
UNITED STATES 13 January 2021 Cognac Ferrand
The District Court dealt with the petition to enforce and the cross-petition to vacate an ICDR award rendered in New York. The Court noted that the New York Convention applied because Cognac Ferrand was a foreign corporation, and that because the arbitration took place in the United States, the Convention and Chapter 2 of the Federal Arbitration Act allowed the Court to apply its domestic arbitration law – the FAA – to the motion to set aside or vacate that award. Applying the FAA's domestic provisions, the Court dismissed Ferrand's arguments that the sole arbitrator exceeded her authority under the parties' agreement or acted in manifest disregard of the law, and that the award was not "final and definite" because it failed adequately to dispose of Ferrand's request for fees and costs. Having dismissed the motion to vacate the award, the Court granted confirmation without further discussion.
The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards.