United States Second Circuit

Defendant's challenge to the confirmation of an arbitration award, claiming that it was unable to present its case to the arbitrator, is denied where 9 U.S.C. section 207 preempts the consent-to-confirmation requirement of 9 U.S.C. section 9 in cases brought pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Appellate Information

• Decided 12/10/2004
• Published 12/10/2004

Judges

• SOTOMAYOR, Circuit Judge., Before:  NEWMAN, CALABRESI and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Alan J. Bozer, Phillips Lytle, LLP, Buffalo, New York, for Respondent-Appellant., Kevin D. Szczepanski, Hodgson Russ LLP, Buffalo, New York, for Petitioner-Appellee.