On June 21, 2023, Assuranceforeningen Skuld (Gjensidig) ("Skuld") and Skuld Mutual Protection and Indemnity Association (Bermuda) Ltd. ("Skuld Bermuda") (collectively, "Petitioners") filed their joint Petition and Memorandum of Points and Authorities to Confirm Foreign Arbitration Award. Respondent M&F Fishing, Inc. ("Respondent" or "M&F") was served through its designated agent on June 30, 2023.
Respondent failed to appear and respond to the Petition. (Notice of Non-Opposition to Petition to Confirm Foreign Arbitration Award). Venue is proper in this District pursuant to 9 U.S.C. § 204 and 28 U.S.C. § 1391(b) because Respondent is located and incorporated in Nevada.
The Petitioners seek an order confirming the Norwegian Arbitral Tribunal's March 21, 2023 Award in Arbitration Case and separate Cost Recovery in Arbitration Case (both referred to collectively as the "Arbitration Award") attached as Exhibit D to the Declaration of Atle J. Skaldebø-Rød. ECF No. 2-5. The arbitration proceedings were initiated on July 5, 2022. Arbitration Award ¶4. The Arbitral Tribunal consisted of three members: Former Norway Supreme Court Justice Karin M. Bruzelius (President of the Tribunal), Jon Andersen and Trond Eilertsen. Despite numerous opportunities to do so, the Respondent did not participate in the arbitration proceedings. Arbitration Award ¶¶ 4-19 & 72 (cost submission based, in part, on "defendants lack of participation and cooperation in these proceedings"). Similarly, the Respondent has failed to appear and oppose the Petition after service of the summons and Petition.