Lander Co. v. MMP Investments
United States Court of Appeals for the Seventh Circuit
107 F.3d 476 (1997)
- Written by Whitney Waldenberg, JD
Facts
Lander Company (plaintiff) sued MMP Investments (MMP) (defendant) to enforce an arbitration award against MMP for $500,000 rendered in New York pursuant to the rules of the International Chamber of Commerce. Both of the companies were based in the United States, but the dispute involved a contract for MMP to distribute Lander’s shampoo throughout Poland. Lander’s complaint alleged that the court had jurisdiction to enforce the award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), which covered arbitrations concerning foreign disputes, but the complaint did not mention whether the court would also have jurisdiction under the Federal Arbitration Act (FAA), which covered domestic arbitrations. MMP moved to dismiss the suit on the ground that the New York Convention was inapplicable, and MMP also moved to vacate the award for failure to comply with the FAA’s time limitations to seek enforcement. The district court held that the New York Convention did not apply, made no mention of the FAA, and dismissed the suit for lack of jurisdiction. Lander, without any other judicial remedy to enforce its award, appealed.
Rule of Law
Issue
Holding and Reasoning (Posner, C.J.)
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