In a recent decision that the U.S. Court of Appeals for the Second Circuit stated was a question of first impression for it, the court held that there is no requirement to serve a summons in a proceeding brought to confirm an arbitration award under the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq. or under the New York Convention. The decision was rendered in Commodities & Minerals Ent. Ltd. [CME] v. CVG Ferrominera Orinco C.A. [Ferrominera], 49 F.4th 802 (2d Cir. 2022).

The case arose out of a maritime dispute that was arbitrated in New York pursuant to the rules of the Society of Maritime Arbitrators. The arbitration resulted in a $12.6 million award in favor of CME and against Ferrominera. The district court confirmed the award over Ferrominera's argument, among others, that the court lacked personal jurisdiction because CME did not serve a summons when it moved to confirm the award.

The Second Circuit's conclusion that there is no requirement to serve a summons in a proceeding brought to confirm an arbitration award was not self-evident. Indeed, in Global Arbitration Review's "The Guide to Challenging and Enforcing Arbitration Awards," the chapter about the United States states that a summons is among the documents that need to be obtained when commencing a confirmation proceeding in federal court.