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Europcar Italia, S.P.A. v. Maiellano Tours

Europcar Italia, S.P.A. v. Maiellano Tours

United States Court of Appeals for the Second Circuit

November 24, 1997, Argued ; September 2, 1998, Decided

Docket No. 97-7224

Opinion

 [*312]  WALKER, Circuit Judge:

Defendant-appellant Maiellano Tours, Inc. ("Maiellano") appeals from the January 21, 1997, judgment of the United States District Court for the Eastern District of New York (Carol Bagley Amon, Judge) granting plaintiff- appellee Europcar Italia S.p.A.'s ("Europcar") motion for summary judgment on its action for the enforcement of a foreign arbitration award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, 21 U.S.T. 2517, T.I.A.S. No. 6997, implemented by 9 U.S.C. § 201 et seq. (the "Convention").

In October [**2]  1988, the parties entered into an agreement (the "1988 agreement") whereby Europcar, an Italian car rental business, agreed to provide rental car services in Italy to customers sent to it by Maiellano, an American travel agency. The 1988 agreement contained an arbitration clause providing that the agreement would be governed by Italian law and that

any dispute arising from or in connection with this agreement, included [sic] those related to its validity, performance or termination will be submitted to and finally resolved by a sole arbitrator appointed by the legal counsels selected by the parties. The sole arbitrator shall decide under the rules known in the Italian legal system as 'arbitrato irrituale in equita' (informal proceedings).

A dispute arose in 1991 as to which party was entitled to certain value-added-tax refunds that had been remitted by the Italian tax authority to Maiellano. Unable to agree on a sole arbitrator as required by the 1988 agreement, the parties entered into a supplemental arbitration agreement, which provided in relevant part:

the agreement between Maiellano Tours, Inc. and Europcar Italia S.p.A. is regulated by Italian law.

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156 F.3d 310 *; 1998 U.S. App. LEXIS 21484 **

EUROPCAR ITALIA, S.P.A., Plaintiff-Appellee, v. MAIELLANO TOURS, INC., Defendant-Appellant.

Prior History:  [**1]  Appeal from a judgment of the United States District Court for the Eastern District of New York (Carol Bagley Amon, Judge), enforcing a foreign arbitration award.

Disposition: Vacated and Remanded.

CORE TERMS

arbitration, district court, adjourn, proceedings, arbitrato, irrituale, confirmation, parties, awards, arbitration award, binding, enforcement proceeding, originating, Tribunal, arbitration agreement, public policy, suspended, grounds, forged, circumstances, appointed, courts, await

Business & Corporate Compliance, Contracts Law, Contract Conditions & Provisions, Arbitration Clauses, International Law, Dispute Resolution, Arbitration & Mediation, Arbitration Awards, Civil Procedure, Jurisdiction, Subject Matter Jurisdiction, General Overview, Jurisdiction Over Actions, Alternative Dispute Resolution, Arbitration, Foreign Arbitral Awards, Agreements, Orders to Compel, Treaty Interpretation, International Trade Law, International Commercial Arbitration, Arbitration, International Trade Law, International Commercial Arbitration, Admiralty & Maritime Law, Federal Arbitration Act, Federal Arbitration Act, Pretrial Matters, Validity of ADR Methods, Entry of Judgments, Stays of Judgments, Appeals, Standards of Review, Abuse of Discretion, Governments, Courts, Judicial Comity, Mandatory ADR, Comity Doctrine, Judicial Review, Justiciability, Case & Controversy Requirements