· 2/4/2004
Czarina, L.L.C. v. W. F. Poe Syndicate
Citations
- 358 F.3d 1286
- 2004 U.S. App. LEXIS 1676
- 2004 WL 205611
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a petitioner seeking to confirm an international arbitration award must comply with Article IV to establish the court’s subject matter jurisdiction
- holding that once the party requesting confirmation provides the court with certified copies of the award and arbitration agreement, the award is “presumed to be confirmable”
- noting that federal courts must \first assure themselves of their jurisdiction by deciding whether the agreement-in-writing requirement has been met\ before \enforcing an [arbitration] agreement or confirming an award under the Convention\
- following Kahn Lucas to affirm the district court’s refusal to enforce an arbitration award based on an unsigned arbitration clause
- finding sample wording, not signed by the parties, did not satisfy the \agreement in writing\ requirement
- following Kahn Lucas in holding that Article II requires a signed agreement
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Hull, Cox
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.