The U.S. District Court for the Western District of New York addressed whether removal was timely under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and discussed whether an attorney’s conduct in connection with pursuing a “meritless” motion for default judgment, ignoring calls from opposing counsel about service deficiencies, warranted sanctions under 28 U.S.C. §1927.
Timely Removal
Judge Charles Siragusa, in D&D Automation v. MB Sistemas S. Coop., No. 12-CV-6366, 2012 WL 3201881 (W.D.N.Y. Aug. 2, 2012), discussed whether a case involving a contract with a foreign arbitration provision was timely removed under two competing statutes. In doing so, he discussed the interaction between removal under the traditional statute, 28 U.S.C. §1446, and removal under provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (CREFAA), codified at 9 U.S.C. §205,1 and further discussed the timeliness of the motion.
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