UNITED STATES 28 May 2021 Government of the Cooks Islands
United States District Court, Southern District of Florida, Miami Division, 28 May 2021
(The Government of the Cooks Islands v. Dwane L. Hubbart)
UNITED STATES 28 May 2021 Government of the Cooks Islands
The District Court confirmed the arbitral award following the respondent's failure to file a response to the petition for recognition and enforcement and upon finding that the petitioner had satisfied the statutory conditions for recognition and enforcement of the award. The Court reasoned that (i) a failure to file a response in opposition to a motion is ground for granting the motion by default; and (ii) confirmation under the New York Convention is a summary proceeding in nature, which is not intended to involve complex factual determinations, other than a determination of the limited statutory conditions for confirmation or grounds for refusal to confirm.
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.