Ozkaptan v. CitiGroup, Inc.
- Jesse Furman
- 1:20-cv-00747
- U.S. District Court · Southern District of New York
- 2
In Ozkaptan v. CitiGroup, Judge Furman ordered briefing before likely confirming an arbitration award and entering judgment.
Baris Ozkaptan and CitiGroup, Inc.; the order also concerns the United Kingdom tax authorities because part of the disputed payment was made to them.
What happened
In Ozkaptan v. CitiGroup, Inc., Baris Ozkaptan asked the court to confirm an arbitration award issued on October 1, 2019. CitiGroup also asked the court to confirm the award, and neither side challenged its validity.
The dispute concerned whether CitiGroup had already complied with the award by paying part of the amount to Ozkaptan and part to United Kingdom tax authorities. The court said compliance and enforcement were separate from confirming the award and that the confirmation request did not appear moot.
Judge Jesse M. Furman ordered the parties to file letters explaining why the court should not confirm the award and enter judgment. Unless the parties showed good cause, the court stated that it would confirm the award without further notice.
The detailed version
- Ozkaptan v. CitiGroup, Inc. · No. 1:20-cv-00747
- Jesse Furman
- Oct. 20, 2020
Background
Baris Ozkaptan petitioned under 9 U.S.C. § 9 to confirm an arbitration award issued on October 1, 2019. CitiGroup, Inc. filed a cross-petition seeking confirmation of the same award. Alternatively, CitiGroup argued that Ozkaptan’s petition should be dismissed as moot.
Neither party disputed the award’s validity. Their principal disagreement was whether CitiGroup had already complied with the award by making one payment to Ozkaptan and another payment to United Kingdom tax authorities.
Court’s Analysis
The court explained that confirming an arbitration award is ordinarily a summary proceeding that gives the award the force of a court judgment, unless the award has been vacated, modified, or corrected. Because both parties sought confirmation, the court was inclined to confirm the award and enter judgment.
The court stated that whether CitiGroup had complied with the award was a separate enforcement issue, not an issue that prevented confirmation. It also stated that the confirmation petition did not appear to be moot whether or not CitiGroup had already complied.
Order
The court ordered the parties to file letters, no longer than five pages, within one week explaining why the court should not confirm the award and enter judgment. The court stated that, absent a showing of good cause, it would enter an order confirming the award without further notice. This opinion did not itself enter the confirmation judgment.
Judge
The order was issued by Jesse M. Furman, United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.