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S.D.N.Y.Substantive rulingFiled May 1, 2024

High Hope Zhongtian Corporation v. Peking Linen Inc.

Judge
Vernon Broderick
Docket
1:22-cv-07568
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil Procedure
In one sentence

In High Hope Zhongtian v. Peking Linen, Judge Broderick confirmed a foreign arbitration award and ordered judgment for the plaintiff.

Who this affects

High Hope Zhongtian Corporation receives a judgment confirming and enforcing the foreign arbitration award, including the specified dollar amount, the Renminbi amount converted at judgment, and applicable nine percent annual prejudgment interest. Peking Linen Inc. is subject to that judgment.

What happened

High Hope Zhongtian Corporation sued Peking Linen Inc. to have a foreign arbitration award recognized and enforced. The court had already entered a default judgment against Peking Linen on liability and sent the damages issue to Magistrate Judge Sarah Netburn.

Magistrate Judge Netburn recommended confirming the award in full and awarding High Hope $928,767.99, the Renminbi amount in the award converted to U.S. dollars when judgment is entered, and nine percent annual prejudgment interest. No party objected to that recommendation.

Judge Vernon S. Broderick found no clear error, adopted the recommendation in its entirety, directed the Clerk’s Office to enter judgment, and ordered the case closed.

The detailed version

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

Case
High Hope Zhongtian Corporation v. Peking Linen Inc. · No. 1:22-cv-07568
Judge
Vernon Broderick
Date
May 1, 2024

Background

High Hope Zhongtian Corporation brought this action against Peking Linen Inc. under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented in Chapter 2 of the Federal Arbitration Act. High Hope sought recognition and enforcement of a foreign arbitration award.

After a certificate of default was issued, the court granted High Hope a default judgment against Peking Linen on liability. The court then referred the case to Magistrate Judge Sarah Netburn to determine damages.

Report and Recommendation

On April 15, 2024, Magistrate Judge Netburn recommended that the arbitration award be confirmed in full. She also recommended awarding High Hope $928,767.99, the total Renminbi amount awarded converted into U.S. dollars at the time judgment is entered, and applicable prejudgment interest at nine percent per year.

The parties did not object to the Report and Recommendation or request additional time to object. When no timely objection is filed, the district court reviews the recommendation for clear error on the face of the record.

Ruling and Disposition

Judge Vernon S. Broderick reviewed the Report and Recommendation and found no clear error. He therefore adopted it in its entirety. The Clerk’s Office was directed to terminate any open motions, enter judgment in accordance with the order, and close the case.

The authoritative version

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

Open opinion PDF →
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