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S.D.N.Y.Procedural orderFiled Aug. 9, 2021

GBM Global Holding Company Limited v. The Unidentified Individuals Listed on…

Full caption

GBM Global Holding Company Limited v. The Unidentified Individuals Listed on Schedule A

Judge
Alvin Hellerstein
Docket
1:21-cv-06284
Court
U.S. District Court · Southern District of New York
Pages
2
Preliminary InjunctionArbitrationCivil Procedure
In one sentence

In GBM Global Holding Company Limited v. The Unidentified Individuals Listed on Schedule A, Judge Nathan extended a temporary restraining order and ordered arbitration-related filings.

Who this affects

GBM Global Holding Company Limited and the unidentified individuals listed on Schedule A.

What happened

In GBM Global Holding Company Limited v. The Unidentified Individuals Listed on Schedule A, the court considered whether to extend a temporary restraining order issued on July 28, 2021. The opinion does not describe the underlying dispute or the respondents beyond identifying them on Schedule A.

The court found good cause and granted an extension of the temporary restraining order until August 23, 2021. It also ordered GBM Global Holding Company Limited to serve the respondents with the order, confirm that arbitration had been filed, provide details and a copy of the arbitration filing, and address whether the requirements for enforcing an arbitration agreement under the New York Convention were satisfied.

Judge Alison J. Nathan issued the order on August 9, 2021. The order did not decide the underlying claims or whether the arbitration agreement could ultimately be enforced.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
GBM Global Holding Company Limited v. The Unidentified Individuals Listed on… · No. 1:21-cv-06284
Judge
Alvin Hellerstein
Date
Aug. 9, 2021

Background

GBM Global Holding Company Limited was the petitioner, and the respondents were identified as the unidentified individuals listed on Schedule A. The court referred to a temporary restraining order issued on July 28, 2021. The opinion does not state the underlying claims or provide further facts about the dispute.

Ruling

Following a hearing held on August 9, 2021, the court found good cause to extend the temporary restraining order and granted an extension until August 23, 2021. Upon receiving the order, GBM Global Holding Company Limited was required to immediately serve the respondents with a copy in the manner provided in the original temporary restraining order.

The court also ordered GBM Global Holding Company Limited to provide, by August 16, 2021, at 3:00 p.m., confirmation that an arbitration had been filed, an affirmation stating where and when it was filed, and a copy of the filing identifying the claims asserted against the respondents. The petitioner was further required to submit an analysis of whether all four requirements for enforcing an arbitration agreement under the New York Convention were satisfied. The order did not decide those requirements or the underlying claims.

Disposition and Effect

This was an interim order extending temporary restraints and requiring arbitration-related submissions. It did not resolve the merits of the dispute. Judge Alison J. Nathan signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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