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Archive for the ‘Arbitral Seat’ Category

Transfer of Venue under 28 U.S.C. Section 1404(a) in an Arbitration Conducted Virtually: An Arbitration Award is Made at the Arbitral Seat, Which is Determined by the Parties’ Agreement

January 9th, 2025 1404(a) Transfer of Venue, Application to Confirm, Application to Vacate, Arbitral Seat, Arbitration Law, Arbitration Practice and Procedure, Arbitration Situs, Awards, Confirmation of Awards, Consent to Confirmation, FAA Chapter 1, FAA Section 9, Federal Arbitration Act Enforcement Litigation Procedure, Federal Arbitration Act Section 9, Federal Courts, Federal Rules of Civil Procedure, Federal Subject Matter Jurisdiction, Petition or Application to Confirm Award, Petition to Vacate Award, Section 9, United States Court of Appeals for the Second Circuit, United States District Court for the Southern District of New York, Venue 2 Comments »

1404(a) transfer of venue; virtual hearings Questions about venue transfer under 28 U.S.C. Section 1404(a) of Section 9 or 10 petitions to confirm or vacate arbitration awards may require determination of where the award was made.

Particularly in today’s world of virtual hearings, determining where an arbitration award is made can raise questions. In Citizens Bank v. Magleby, 24 Civ. 4827 (AKH), slip op. at 4 (S.D.N.Y. Jan. 6, 2025), the Court, following existing precedent, held that an award is made at the location where the parties agree the arbitration will take place, even if the arbitration hearings are held in another place or virtually. That rule may not be perfect but it simplifies resolution of what otherwise could be a vexing question.

Background

In Citizen’s Bank, the question arose on a 28 U.S.C. § 1404(a) motion to transfer a petition to confirm an arbitration award from the Southern District of New York to Las Vegas, Nevada. The Continue Reading »