SDNY Has ‘Clear Jurisdiction’ Over Ex-Seller’s Vacatur Petition, Says Amazon
U.S. District Judge John Koeltl for Southern New York in Manhattan should deny the “misguided” motion of former Amazon third-party seller Longyan Junkai Information Technology to remand to New York County Supreme Court its petition to vacate an arbitration award…
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in Amazon’s favor, said Amazon’s memorandum of law Friday (docket 1:23-cv-04869) in opposition. Longyan seeks the recovery of $461,000 in sales proceeds that Amazon seized when it deactivated the seller’s online store on allegations that it sold counterfeit goods (see 2306270041). The Southern District of New York has federal question jurisdiction and diversity jurisdiction over Longyan’s petition, said Amazon’s memorandum. Chapter 2 of the Federal Arbitration Act “confers subject matter jurisdiction over actions to confirm or vacate arbitration awards governed by the New York Convention,” it said. The court also has diversity jurisdiction because the parties “are completely diverse,” it said. Junkai’s remand motion is “a confused grab bag of inapposite arguments and authority” that provides no basis to avoid the “clear jurisdiction” of the Southern District of New York, it said.