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Tianjin Port Free Trade Zone Int'l Trade Serv. Co. Ltd. v. Tiancheng Chempharm Inc. USA

Improper Service Claim Rejected in Confirmation of $480,000 Chinese Arbitral Award

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MEMORANDUM & ORDERPetitioner, Tianjin Port Free Trade Zone International Trade Service Co., Ltd. (“Petitioner” or “Tianjin”), commenced this action pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. §201 (the “Convention”) to confirm and enforce an arbitration award rendered in China against Respondent, Tiancheng Chempharm, Inc. USA (“Respondent” or “Tiancheng”). (See Pet., Docket Entry 1.) Currently pending before the Court is Respondent’s motion to dismiss the Petition, which, although not directly stated by Respondent, the Court construes as being brought pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Resp’t's Mot., Docket Entry 23-1.) For the reasons that follow, Respondent’s motion is DENIED in its entirety.BACKGROUNDI. Factual Background¹Petitioner Tianjin is a Chinese company that engages in the sale of certain dietatry supplements, including, among other things, creatine monohydrate, betaine anhydrous, and creatine HCL. (Pet.

1-2.) Tiancheng is a domestic corporation, organized under the laws of New York, with its principal place of business located in Farmingdale, New York. (Pet.3.)On December 16, 2013, Tianjin and Tiancheng entered into a Sales Contract, by which Tiancheng agreed to purchase 5,000 kg of creatine monohydrate, 4,000 kg of betaine anhydrous, and 9,000 kg of creatine HCL (collectively, the “Goods”) from Tianjin, for the contract price of $480,000. (Pet.

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