Eletson Holdings Inc. v. Levona Holdings Ltd.
- Lewis Liman
- 1:23-cv-07331
- U.S. District Court · Southern District of New York
- 2
In Eletson Holdings v. Levona Holdings, Judge Liman denied without prejudice Levona’s request to formally suspend an arbitration award.
Levona Holdings Ltd. was directly affected because its request for a formal suspension order was denied without prejudice. The order also concerned Eletson Holdings Inc., Eletson Corporation, and the intervenors because it addressed the court’s existing requirements concerning related foreign proceedings.
What happened
Eletson Holdings Inc. v. Levona Holdings Ltd. concerns Levona Holdings Ltd.’s request for an order formally recording that an arbitration award had been suspended. The request arose while intervenors were addressing related proceedings in Greece and the United Kingdom.
Levona relied on a federal arbitration law provision and a law allowing courts to issue orders needed to protect their jurisdiction. The court said the arbitration-law provision did not apply here and found that Levona had not shown that additional action was necessary. The court noted that its earlier order already required the intervenors and related parties to report future foreign proceedings seeking to confirm or enforce the award.
Judge Lewis J. Liman denied Levona’s request without prejudice. The order therefore did not grant the requested formal suspension, while leaving the request open to possible future consideration.
The detailed version
- Eletson Holdings Inc. v. Levona Holdings Ltd. · No. 1:23-cv-07331
- Lewis Liman
- June 6, 2025
Background
Levona Holdings Ltd., identified as the cross-petitioner, asked the court to issue an order “memorializing” that an arbitration award had been suspended as contemplated by Article V(1)(e) of the New York Convention. Levona relied on Section 12 of the Federal Arbitration Act, 9 U.S.C. § 12, and the All Writs Act, 28 U.S.C. § 1651.
The court noted that intervenors represented that they were in the process of dismissing the Greek proceeding without prejudice and that the United Kingdom proceeding also would be dismissed. The court’s June 2, 2025 preliminary-injunction order required the intervenors and their related parties, including Eletson Gas LLC, to inform the court of any future foreign proceedings seeking to confirm or enforce the award.
Court’s Analysis
The court explained that Section 12 of the Federal Arbitration Act addresses motions to stay proceedings to enforce an award and was not applicable here. The court described the All Writs Act as authorizing federal courts to issue commands necessary or appropriate to carry out and prevent frustration of orders issued in a jurisdiction the court otherwise properly obtained.
The court concluded that Levona had not made a sufficient showing that the court needed to take any action beyond the measures already taken to preserve its jurisdiction.
Disposition
Judge Lewis J. Liman denied without prejudice Levona’s request for an order formally suspending the award under the New York Convention and the All Writs Act.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.