Trial Spotlight: International Creditor Overcomes Motion to Dismiss, Moves Forward with Petition to Enforce $6M in Arbitration Awards
A Hinshaw legal team assisted a Hong Kong-based creditor in overcoming a motion to dismiss its petition—filed in Florida federal court pursuant to the New York Convention—to confirm and enforce $6 million in international arbitral awards from the Hong Kong International Arbitration Centre. The respondents—the debtor, last known to be resident in Thailand, and the debtor's Florida-based lawyer—had variously argued that the creditor had not established personal jurisdiction and/or subject matter jurisdiction to bring suit in Florida. The district court rejected these arguments and—with the exception of a claim against the lawyer’s firm, but not the lawyer personally—allowed the suit to proceed. The respondents will now need to establish that one of the New York Convention’s seven narrow exceptions to confirmation applies.
The creditor is being represented by Hinshaw attorneys Edward K. Lenci, Rory Jurman, and Jenelle La Chuisa. Jonathan Crompton, Jason Carmichael, and Bernard Luk of the Hong Kong office of Hinshaw’s strategic alliance partner Reynolds Porter Chamberlain LLP (RPC) represented the creditor in the underlying arbitration.
The case is Noble Prestige Ltd. v. Horn et al., case number 9:20-cv-82357, in the U.S. District Court for the Southern District of Florida.
- "Fla. Atty, Client Can't Escape Suit Over $6M Arbitration Award," Law360, April 1, 2022 (subscription required)