Professional Sport Service FI OY v. Puck Agency, LLC
- Kenneth Karas
- 7:24-cv-02022
- U.S. District Court · Southern District of New York
- 5
In Professional Sport Service FI OY v. Puck Agency, Judge Karas confirmed a Finnish arbitration award against Puck Agency and JMG Sports Agency.
Professional Sport Service FI OY obtained confirmation of its Finnish arbitration award, while Puck Agency, LLC and JMG Sports Agency Inc. were subject to the award's confirmed obligations, including joint and several liability for the amounts described by the court.
What happened
Professional Sport Service FI OY asked the Southern District of New York to confirm an arbitration award issued by a Finnish arbitrator in January 2024. The award concerned payments from a 2012 agreement involving commissions, fees, and costs related to certain Finnish professional ice-hockey players playing in the National Hockey League.
Puck Agency, LLC and JMG Sports Agency Inc. did not appear in the case and did not challenge enforcement or dispute Professional Sport Service FI OY's factual assertions. The court found that the agreement and arbitration satisfied the requirements for enforcement under the federal law implementing the New York Convention.
Judge Kenneth M. Karas granted the petition and confirmed the arbitration award in full. He also directed Professional Sport Service FI OY to submit an updated proposed judgment explaining in greater detail the costs it claimed in connection with the second arbitration award.
The detailed version
- Professional Sport Service FI OY v. Puck Agency, LLC · No. 7:24-cv-02022
- Kenneth Karas
- May 20, 2024
Background
Professional Sport Service FI OY petitioned the court to confirm an arbitration award issued by a Finnish arbitrator in January 2024. The award addressed Respondents' joint and several liability for amounts awarded to Professional Sport Service FI OY in a prior 2018 Finnish arbitration and for amounts awarded on more recently accrued claims.
The dispute arose under a written July 2012 agreement concerning the payment of ongoing commissions, fees, and costs related to certain Finnish professional ice-hockey players playing in the National Hockey League. The agreement provided for arbitration in Finland and involved both the United States and Finland.
Legal Standard
The court applied Chapter 2 of the Federal Arbitration Act, which implements the New York Convention in the United States. The Convention generally requires a court to recognize and enforce an arbitration award unless the opposing party proves one of seven specified defenses, such as an invalid arbitration agreement, inadequate notice, an award beyond the arbitrator's authority, an award that is not binding, or enforcement that would violate public policy.
The court explained that confirmation is a limited, summary proceeding and that courts give substantial deference to arbitrators' decisions. The party opposing enforcement bears the burden of proving a Convention defense.
Court's Analysis
Puck Agency, LLC and JMG Sports Agency Inc. failed to appear, asserted no defenses to enforcement, and did not dispute Professional Sport Service FI OY's factual assertions. The court stated that the Finnish arbitrator assessed the merits of Professional Sport Service FI OY's evidence and reasonably concluded that Respondents were jointly and severally liable for the amounts covered by the award.
Because the undisputed evidence showed that no material factual issue remained and Respondents had not established any ground for refusing enforcement, the court confirmed the arbitration award in full.
Disposition
The court granted the petition to confirm the arbitration award. It directed Professional Sport Service FI OY to submit an updated proposed judgment providing more detail about how it calculated the claimed costs associated with the second arbitration award. The Clerk of Court was directed to terminate all pending motion flags.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.