Van Andel - CONSERVATRIX v Lindberg - NIH Capital - United States District Court for the District of North Carolina Case no 1-23-cv-00879 - Memorandum Opinion and Order - 29 April 2024
Country
Year
2024
Summary
The petitioners, conservators of a Dutch insurance company, seek confirmation of an arbitration award directing the respondents, who each hold ownership interests in the company, to pay money to the company to improve its solvency. Three respondents, Greg Lindberg, Netherlands Insurance Holdings, Inc., and NIH Capital, LLC, move to dismiss the petition. They contend that the arbitration award is not a binding order or, in the altemative, that the petition is barred by a statute of lilnitations in the Federal Arbitration Act, and that the award is not a judgment enforceable under North Carolina law. Because the arbitration award is binding, the time restriction in the FAA is not mandatory, and the Dutch court order constitutes a judgment, the motion will be denied.
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