Linley Investments v. Jerry Jamgotchian

MEMORANDUM

Jerry Jamgotchian appeals the district court’s confirmation of the arbitration awards entered in favor of the appellees (collectively, “Coolmore”) in the United Kingdom. We affirm.

Courts must enforce foreign arbitration awards unless one of seven defenses enumerated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards—better known as the “New York Convention”—applies. 9 U.S.C. § 207 . In Jamgotchian’s view, three of those defenses preclude enforcement of the award against him. We disagree.

1. Jamgotchian asserts that he was not provided “proper notice” of the arbitration proceedings as required under the New York Convention. See N.Y. Convention art. V(1)(b), June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38. In this context, “proper notice” means notice that is reasonably calculated .to apprise a litigant of arbitration proceedings. See Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 314 , 70 S.Ct. 652 , 94 L.Ed. 865 (1950). We have no doubt that the notices both Coolmore and the arbitrator sent by mail, email, and fax on numerous occasions over a six-month period were reasonably calculated to apprise Jamgotchian of the overseas…