2nd Circuit Upholds Dismissal of Award Confirmation Proceedings

Arbitration

NEW YORK — A federal appeals court has upheld a trial court’s refusal to confirm an international arbitration award on the basis of forum non conveniens, ruling that only a Bulgarian court may confirm the award, per the parties’ agreement.

“While confirmation and execution are separate proceedings under Bulgarian law, execution in Bulgaria must be preceded by confirmation in Bulgaria. By requiring execution only in Bulgaria, the parties necessarily also required confirmation in Bulgaria, and the District Court's view that the parties would not have left the forum for recognition-confirmation-unspecified is sustainable,” the 2nd Circuit U.S. Court of …