Appellate Division of the New York Supreme Court, 8 February 2018, AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A., no. 152679/14 3306

The Supreme Court dismissed a motion for summary judgment for recognition and enforcement of a foreign country judgment as the plaintiff failed to prove the court’s jurisdiction over the proceedings.

The judgement was preceded by an arbitration award. The award dismissed the claim for a breach of contract by an Italian company for the construction of a power plant in Albania. Soon after the award was rendered, an Albanian subsidiary of the claimant in arbitration, created for the sole purpose of the project, sued the defendant in arbitration and its Italian subsidiary in an Albanian court for unfair competition. The Tirana District Court upheld these claims and awarded it damages.

The Albanian subsidiary sought for the recognition and enforcement of the Albanian judgment in New York.

The defendants allege that New York lacks jurisdiction to hear the proceeding, since they were constituted under Italian law and had their principal place of business in Italy.

The Court declares that the presence of the property of a debtor in the forum is sufficient for the execution of a foreign judgment, even if the State of the forum and the property of the defendant therein have no connection with the demands underlying the judgment.

However, the plaintiff’s position is based on the argument that such a jurisdictional connection is not necessary and it is not mandatory to show that New York has jurisdiction over the defendants or their property. As a result, the plaintiff has not demonstrated a jurisdictional predicate in personam or in rem for the Court to hear his claims.

As a result, the Respondents’ motion to dismiss was granted.

2018-03-04T22:38:21+00:00 February 8th, 2018|New York Supreme Court, US jurisdictions|0 Comments

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