Bowers v. Northern Two Cayes Company Limited et al
Filing
51
ORDER granting in part and denying in part Plaintiff's 50 "Motion for Entry of Judgment and for Certification of the Award." Specifically, to the extent that the Plaintiff seeks an entry of judgment, the motion is GRANTED, and judgment shall be entered contemporaneously herewith. In all other respects, the Plaintiffs motion is DENIED. Signed by District Judge Martin Reidinger on 11/14/2017. (kby)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00029-MR-DLH
RAYMOND V. BOWERS,
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)
Plaintiff,
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vs.
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NORTHERN TWO CAYES
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COMPANY LIMITED and
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LIGHTHOUSE REEF RESORT )
LTD.,
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Defendants.
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___________________________ )
ORDER
THIS MATTER is before the Court on the Plaintiff’s “Motion for Entry
of Judgment and for Certification of the Award” [Doc. 50]. The Defendants
have not responded to the Plaintiff’s Motion.
In its prior Order, the Court directed the parties to confer with each
other in an effort to provide a stipulation to the Court of the amount paid by
Puerto Azul Belize, Ltd. (PABL) and retained by the Defendants so that a
judgment in favor of the Plaintiff can be entered. [Doc. 49]. On October 16,
2017, the Plaintiff filed the present motion, stating that the parties had agreed
that the amount paid by PABL to the Defendants towards the purchase of
the Defendants’ property is $3,125,000. [Doc. 50 at 1]. Based on this
stipulation, the Plaintiff requests that the Court enter judgment on the
arbitration award in the amount of $205,346 (4% of the amount paid by
PABL, plus $80,346 in costs and expenses). The Plaintiff also requests that
the Court include in its final judgment: (1) “a certification that the arbitration
falls under the New York Convention, and b) certified copies of the arbitral
award and the arbitration agreement (in the Listing Contract).” [Id. at 1].
While the Plaintiff represents that the Defendants stipulated to the amount
paid, the Plaintiff’s motion also reflects that counsel for the Defendants
declined to consent to the filing of the motion. [Id. at 4]. The Defendants,
however, filed no opposition to the Plaintiff’s motion.
Upon review of the Plaintiff’s motion, and for cause shown, the Court
will enter judgment in the amount of $205,346. The Plaintiff’s request for
certification of the arbitration award, however, is denied.
The Plaintiff
appears to seek certification of the arbitration award under the United
Nations Convention on the Recognition and Enforcement of Foreign Arbitral
Awards, June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38, otherwise known
as “the New York Convention.”
That treaty, however, applies to the
registration and enforcement of foreign arbitration awards. Id. Here, the
Plaintiff has sought, successfully, to confirm a domestic arbitration award.
With the entry of judgment, the Plaintiff will have a federal court judgment
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that he may seek to domesticate in the courts of Belize. The New York
Convention, therefore, is simply inapplicable to the present proceedings.
Accordingly, the Plaintiff’s request for certification of the arbitration award
and the arbitration agreement is denied.
IT IS, THEREFORE, ORDERED that the Plaintiff’s “Motion for Entry of
Judgment and for Certification of the Award” [Doc. 50] is GRANTED IN
PART and DENIED IN PART. Specifically, to the extent that the Plaintiff
seeks an entry of judgment, the motion is GRANTED, and judgment shall be
entered contemporaneously herewith. In all other respects, the Plaintiff’s
motion is DENIED.
IT IS SO ORDERED.
Signed: November 14, 2017
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