Document Type
Article
Publication Date
11-15-2002
Abstract
Petitioner-appellant Monegasque De Reassurances S.A.M. ("Monde Re"), a reinsurer, appeals from a judgment entered in the United States District Court for the Southern District of New York (Marrero, J.), in favor of respondents-appellees Nak Naftogaz of Ukraine ("Naftogaz"), a transporter of natural gas, and State of Ukraine ("Ukraine"), a foreign sovereign. Monde Re instituted the proceeding giving rise to this appeal to confirm an arbitration award made in its favor. The petition for confirmation invoked the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, T.I.A.S. No. 6997, 330 U.N.T. 53 ("Convention"), as implemented by and reprinted in the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 201-208, to enforce the arbitral award, which was rendered in Moscow. The petition also invoked the provisions of the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1330, 1602-1611. Relying on the doctrine of forum non conveniens, the district court dismissed the petition, and this appeal followed. As in the district court, Monde Re here contends that the terms of the Convention preclude application of the doctrine and that the elements of the doctrine have not been established in any event. We affirm the judgment of the District Court.
Recommended Citation
Miner '56, Roger J., "IN RE ARBITRATION BETWEEN MONEGASQUE DE REASSURANCES v. Nak Naftogaz of Ukraine, 311 F. 3d 488 (2002)" (2002). Circuit Court Opinions. 92.
https://digitalcommons.nyls.edu/circuit_opinions/92
Comments
311 F.3d 488 (2002)
In the Matter of the ARBITRATION BETWEEN MONEGASQUE DE REASSURANCES S.A.M. (Monde Re), Petitioner-Appellant, v. NAK NAFTOGAZ OF UKRAINE and State of Ukraine, Respondents-Appellees.
Docket Nos. 01-7947, 01-9153.
United States Court of Appeals, Second Circuit.
Submitted: 4/29/02
Decided: 11/15/02
New York Law School location: Box #144, File #3033