Citibank NA v De Nevares - United States Court of Appeals for the Second Circuit Docket Nos 22-424-cv - 22-1083-cv - 12 July 2023
Country
Year
2023
Summary
Appeals from various orders of the United States District Court for the Southern District of New York (Marrero, J.). Respondent-appellant is a former employee who won a judgment in Argentina's National Court of Labor Appeals against Citibank, N.A. Petitioner-appellee, the Argentinian branch of Citibank, N.A., filed a demand for arbitration with the American Arbitration Association and brought the proceedings below. The district court compelled arbitration, preliminarily enjoined the employee from enforcing the Argentinian judgment against petitioner-appellee, and held respondent-appellant in contempt of court. It also denied his motion to dismiss. We conclude that the district court lacked subject matter jurisdiction over this action because the Argentinian branch did not establish that it has legal existence separate from Citibank, N.A., and because Citibank, N.A., did not seek to substitute itself for the branch as the real party in interest.
REVERSED AND REMANDED.