CLDN Cobelfret Pte Ltd v. Triorient LLC

Background

CLDN Cobelfret Pte Ltd filed a verified petition asking the court to confirm arbitration awards. It also filed a notice, supporting declaration, and memorandum of law. CLDN Cobelfret later filed a certificate of service stating that it had served the papers on Triorient LLC by FedEx Priority Overnight in accordance with Rule 35 of the Society of Maritime Arbitrators’ rules.

Rule 35 allows service of papers needed to begin or continue an arbitration, or to ask a court to confirm an arbitration award, by mail to a party or counsel at the last known address or by personal service. The petition and motion had been referred to the court for a report and recommendation.

Court’s Analysis

The court stated that the record did not clearly establish either that FedEx Priority Overnight was equivalent to service by mail or that Triorient received the package. Because of that uncertainty, the court required additional proof and service rather than proceeding on the existing record.

Order

The court ordered CLDN Cobelfret, no later than January 8, 2020 as stated in the order, to: (1) file FedEx delivery confirmation showing delivery of the package; (2) serve Triorient with the previously identified papers and a copy of the order by U.S. Postal Service mail or personal service; and (3) file proof of the new service. Triorient’s opposition to confirmation of the arbitration awards was due 14 days after personal service or 17 days after service by mail.

Magistrate Judge Stewart D. Aaron did not decide whether the arbitration awards should be confirmed. The order dealt with service of process and the deadlines for any opposition.