Van Faassen and Zetteler (Conservatrix NV) v Greg Evan Lindberg; Trier Holding; Netherlands Insurance Holdings; NIH Capital - United States Court of Appeals for the Fourth Circuit No 24-1898 - 14 July 2026

Country
Year

2026

Summary

In this case, an insolvent Dutch life insurance company seeks to collect on a foreign arbitration award in federal court. The company pursued two routes to that end. It petitioned to confirm the arbitration award under the Federal Arbitration Act and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and it also petitioned under the North Carolina Uniform Foreign-Country Money Judgments Recognition Act to enforce the judgment of a Dutch court confirming the arbitration award. Although the petition was filed beyond the statute of limitations in the Federal Arbitration Act, the district court found that the limitations period was merely "permissive" and confirmed the award under federal law.

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