The Government of The Cook Islands v. Hubbart
This text of The Government of The Cook Islands v. Hubbart (The Government of The Cook Islands v. Hubbart) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division
Case Number: 21-21395-CIV-MORENO
THE GOVERNMENT OF THE COOK ISLANDS,
Petitioner,
vs.
DWANE L. HUBBART,
Respondent. _________________________________________/
ORDER GRANTING PETITION TO RECOGNIZE AND ENFORCE ARBITRAL AWARD
THIS CAUSE came before the Court upon Petition to Recognize and Enforce Foreign Arbitral Award (D.E. 1), filed on April 12, 2021. THE COURT has considered the motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ADJUDGED that the motion is GRANTED. The Court notes that the Respondent failed to file a response to the petition. The docket reflects a return of service, and the time for a response has now passed. See S.D. Fla. L.R. 7.1(c) (stating that a failure to file a response in opposition to a motion shall be grounds for granting the motion by default). The Court also recognizes that “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.” Chelsea Football Club Ltd. v. Mutu, 849 F. Supp. 2d 1341, 1344 (S.D. Fla. 2012) (quoting Zeiler v. Deitsch, 500 F.3d 157, 169 (2d Cir. 2007)). Petitioner has satisfied the statutory conditions for recognition and enforcement of the award and the Respondent has not provided any response to establish his burden that the Covention’s grounds for refusal are met. Accordingly, the Court grants the petition to recognize and enforce the arbitral award. DONE AND ORDERED in Chambers at Miami, Florida, this 28th of May 2021.
FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE Copies furnished to: Counsel of Record
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