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Matter of NYS Dept. of Health

UN Convention Applies to Export Contract in Determining Arbitrability

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Papers Considered: NYSCEF Doc Nos. 1-6, 8, 12, 22-26. In this special proceeding brought under CPLR article 75, petitioner New York State Department of Health (“DOH”) moves for an order and judgment permanently staying an arbitration commenced by respondent Rusi Technology Company, Limited (“Rusi”) before the China International Economic and Trade Arbitration Commission (“CIETAC”). Rusi opposes the application. BACKGROUND This matter arises from DOH’s agreement to purchase two million KN-95 masks from Rusi, a Chinese company headquartered in Hong Kong, in the early days of the COVID-19 pandemic (see NYSCEF Doc No. 1 ["Petition"],

2-5). DOH alleges that a substantial number of masks tendered by Rusi did not comply with the KN-95 standard specified in the parties’ purchase contract (see id.,

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