United States / 04 February 2004 / U.S. Court of Appeals, Eleventh Circuit / Czarina, L.L.C. v. W.F. Poe Syndicate / 03-10518
| Country | United States |
| Court | United States, U.S. Court of Appeals, Eleventh Circuit |
| Date | 04 February 2004 |
| Parties | Czarina, L.L.C. v. W.F. Poe Syndicate |
| Case number | 03-10518 |
| Applicable NYC Provisions | IV | II | II(2) |
| Source | 358 F.3d 1286, online: http://www.ca11.uscourts.gov/ (U.S. Court of Appeals, Eleventh Circuit website) |
| Languages | English |
| Summary | Halvanon entered into an agreement with W. F. Poe Syndicate (“Poe”), a Florida reinsurance Company. When Halvanon became insolvent, Czarina purchased some of Halvanon’s accounts receivable, including the Poe account. After Poe refused to pay Czarina on that account, Czarina initiated arbitration proceedings in London to collect the funds allegedly owed. The Arbitral Tribunal rendered an award in Czarina’s favor, which Czarina later sought to enforce before the United States District Court for the Middle District of Florida. The Court found that there had been no agreement to arbitrate between the parties and dismissed Czarina’s application to confirm the award. Czarina appealed. The United States Court of Appeals for the Eleventh Circuit affirmed the lower court decision and denied the motion to confirm the award. In so ruling, the Court held that Czarina had failed to satisfy the requirements of Article IV NYC. The Court held that there was no “agreement in writing” in accordance with the terms of Article II NYC and that Czarina had failed to prove that the requirements of Article IV NYC had been met. |
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Attachment (1)
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