Summary

PETITION TO CONFIRM ARBITRATION AWARD

Malawi Communications Regulatory Authority ("MACRA"), by and through its undersigned counsel, hereby petitions this Court for an order pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 21 U.S.T. 2517 (June 10, 1958) ("New York Convention") and 28 U.S.C. § 1738 registering as a foreign judgment an arbitral award dated May 19, 2023 ("Award"), along with the arbitrator's subsequent Ruling on Damages and Costs Post- Final Award dated November 22, 2023, ("Damages Award") (collectively, "the Final Award") against Agilis International Inc. ("Agilis"), now known through merger as Precisely Software Incorporated ("Precisely").

The New York Convention requires the "recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought[.]" New York Convention, art. I(1). The United States is a signatory of the New York Convention, which Congress implemented in Chapter 2 of the Federal Arbitration Act, 9 U.S.C. §§ 201-208. So too is the Republic of Malawi. Therefore, 9 U.S.C. § 207 and 28 U.S.C. § 1738 require that the Final Award be registered as a foreign judgment and granted full faith and credit in this district.