Summary

... In accordance with the terms of the MFA, the dispute was submitted to arbitration in New York.

In an initial arbitration award (the "First Award"), the arbitrator concluded that Subway Russia did not have a right to automatically renew the MFA because Subway Russia was in default of several provisions of the MFA at the time it sent its renewal notice.

However, the First Award did not address Subway Russia's alternative argument that the parties had reached a binding agreement to cure the defaults prior to the expiration of the MFA. After the First Award was made final, the instant case was filed and the parties cross-petitioned for confirmation and vacatur. In a prior Memorandum Order, this Court found that "it [was] necessary to remand the case [to the arbitrator] to decide the remaining claim" of Subway Russia that the arbitrator had not addressed.

Following remand and a seven-day evidentiary hearing, the arbitrator issued a further award in which the arbitrator ruled for SIBV and rejected Subway Russia's offer-acceptance claim. The parties then filed cross-petitions to confirm and vacate the arbitrator's awards. For the reasons set forth below, the Court hereby grants SIBV's petition to confirm and denies Subway Russia's cross-petition to vacate.