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Court Crier: China Business

In Tianjin Port Free Trade Zone Int’l Trade Service Company v. Tiancheng Chempharm, Inc. USA, White and Williams attorneys Tom Fiddler and Eric Porter successfully represented a Chinese-based dietary supplement distributor in the United States Court of Appeals for the Second Circuit, which confirmed a Chinese arbitral award in the distributor’s favor. The issue was whether the appellant, a New York-based dietary supplement manufacturer, had adequate notice of arbitration. Lack of adequate notice is a valid defense under the New York Convention. The Chinese-based distributor claimed that it had attempted service at numerous New York addresses of record. The Second Circuit found that notice by mail was sufficient and that the manufacturer did not satisfy the “heavy burden” under the New York Convention of proving lack of notice. (June 4, 2019)

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