On June 27, 2024, the United States Court of Appeals for the Fourth Circuit affirmed a Maryland district court judgment that confirmed arbitral awards issued in favor of Seiden Law’s client, the Estate of Ke Zhengguang.

The underlying arbitration concerned a complex dispute related to real property in mainland China, which culminated in an arbitration before the Hong Kong International Arbitration Centre (HKIAC).    Between 2018 and 2020, the HKIAC issued a series of awards.   The Estate filed a petition to confirm the awards in a Maryland district court against one of the arbitral respondents, Stephany Yu, who lives in Maryland.   In January 2023, the district court confirmed the awards and issued a $4 million judgment in favor of the Estate.

The Fourth Circuit’s unanimous twenty-three-page decision addresses important questions related to the enforcement of international arbitral awards in the United States, including the availability of a forum non conveniens defense under the New York Convention, and whether arbitral awards that are denominated in a foreign currency can be converted into US dollar judgments.   The Fourth Circuit held that a forum non conveniens defense was inapplicable under the facts of this case, even if such a defense is available under the Convention.  The Fourth Circuit also held that it was reasonable for the district court to enter judgment in US dollars, notwithstanding that the arbitral panel’s merits award was denominated in Chinese Renminbi (RMB).

Seiden Law partner and litigation chair Amiad Kushner argued the appeal.  Senior counsel Jennifer Blecher and Senior Associate Xintong Zhang were on the brief.  Paralegal Lily Dempsey provided invaluable assistance.

The opinion has been reported in Law360 by Caroline Simson.