Judge Paul Engelmayer
An arbitration award was rendered in London in favor of now-defunct Daebo Shipping Co. Ltd. (Daebo Shipping). Americas Bulk Transport (BVI) Ltd. (ABT)and six codefendants (Alter Ego Defendants)sought dismissal. On Dec. 13, 2012, the court found Daebo Shipping an improper plaintiff. It granted the complaint’s amendment to add Daebo International Shipping Co. Ltd. (Daebo International) as the proper plaintiff. It also dismissed the claims against the Alter Ego Defendants. Daebo International’s petition to confirm the London arbitral award actually sought the award’s modification so as to name it the award’s beneficiary. Such relief had been sought from, and denied by, the arbitral panel. The court granted BT judgment. Daebo International was not a party to the award. It slept on its rights by failing to inform the arbitral panel that Daebo Shipping had merged into Daebo International. That merger occurred more than two years before the award’s issuance. Further noting that it sat "outside the seat of arbitration" district court held it lacked authority to modify the award. Daebo International’s modification petition was properly brought in an English court.
