Case Law Chronicle #6: Enforcing Awards Against Non-Signatories and Non-Parties: Two Recent Decisions from the Southern District of New York

June 30, 2016

By Gretta Walters, Chaffetz Lindsey LLP

In two recent decisions, the U.S. District Court for the Southern District of New York addressed key issues arising out actions to enforce foreign arbitral awards against non-signatories to an arbitration agreement. The decisions, Alstom Brasil Energia e Transporte Ltda. v. v. Mitsui Sumitomo Seguros S.A.1 and GE Transportation (Shenyang) Co., Ltd. v. A-Power Energy Generation Systems, Ltd.,2 demonstrate that confirmation and enforcement actions in New York are relatively streamlined and that the court will only undertake a limited review of arbitration awards as required by the New York Convention and the FAA. In addition, GE Transportation, in particular, is a reminder that New York courts are willing, where appropriate, to order effective interim or permanent relief in aid of post-award collection, such as worldwide freezing orders.

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