SEIDEN LAW在第四巡回法院的裁决中获胜，确认了国际仲裁裁决

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 一份长达二十三页的裁决书 该报告探讨了与美国执行国际仲裁裁决相关的重要问题，包括裁决的可执行性。 非自愿论坛 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 非自愿论坛 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).

赛登法律合伙人兼诉讼委员会主席 艾米亚德·库什纳 argued the appeal.  Senior counsel 詹妮弗·布莱彻 and Senior Associate 张昕彤 were on the brief.  Paralegal Lily Dempsey provided invaluable assistance.

The opinion has been reported in 法律360 作者：卡罗琳·西姆森.