![]() The burden is a heavy one, as "the showing required to avoid summary confirmance is high." Yusuf Ahmed Alghanim, 126 F.3d at 23 (quoting Ottley v. The party opposing enforcement of an arbitral award has the burden to prove that one of the seven defenses under the New York Convention applies. The court reasoned that "ecause the arbitral tribunal was improperly composed, it had no power to bind the parties any assertion of such power, by definition, exceeded its mandate." Id. Second, the District Court found that the two-person Board of Arbitration exceeded its powers in issuing the award. The court reasoned that whereas the arbitration agreement required the parties to discuss the identity of a third arbitrator before asking the Tribunal to appoint one, there was no evidence that they had done so before Danziger petitioned the Tribunal. First, the court concluded that Danziger's request to the Tribunal to appoint a third arbitrator was premature and thus the arbitral board was improperly composed under Article V(1)(d) of the New York Convention. The District Court denied enforcement on two grounds. 2 Plaintiff, at the behest of the District Court, later moved for summary judgment and to confirm the arbitral award. In June 2003, EUSA sued in the Southern District of New York seeking recognition and enforcement of the arbitration award pursuant to the New York Convention, which governs foreign arbitral awards. The License Agreement required arbitration of all disputes between the parties and explicitly incorporated the arbitration procedures set out in the Two Party Agreement. They agreed to form a new entity, Encyclopaedia Universalis France, which would have certain rights to the French-language version of the encyclopedia. On the same day, EB entered into a "Two Party Agreement" with Club Francais du Livre ("CFL"), a French corporation. ![]() In exchange, EB agreed to pay royalties to EUSA based on sales of the non-French editions. In 1966, EUSA and EB entered into a Literary Property License Agreement ("License Agreement"), granting EB the right to translate, produce, distribute, and license in any language other than French the contents of a French reference work, Encyclopaedia Universalis. Both parties are in the business of publishing and distributing reference materials and other learning products. EB is a Delaware corporation, with its principal place of business in Illinois. EUSA is a societe anonyme (analogous to a corporation) organized under the laws of Luxembourg. Adobe Photoshop Brushes Collection (18.11.The relevant facts are undisputed.Adobe Photoshop Brushes Collection (18.11.Pixologic ZBrush 4R5 2013 ( Win & Mac). ![]()
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