Dalla-Longa v. Magnetar Capital LLC, No. 20-2978 (2d Cir. 2022)
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Petitioner appealed the district court's order entered dismissing his petition to vacate an arbitration award. The Federal Arbitration Act ("FAA") requires that notice of a motion to vacate an arbitration award be served within three months of the date the arbitration award is filed or delivered. Counsel sent notice of the petition to vacate the arbitration award to Respondent late on the last day of the three-month period, but counsel did so by email. The district court granted Respondent’s motion to dismiss, concluding that service was improper and untimely. On appeal, Petitioner contended that service was proper because Respondent had agreed to email service in the underlying arbitration and that the consent carried over to the judicial proceedings to vacate the award.
The Second Circuit affirmed the district court’s ruling dismissing the petition and held that email service of a notice of a petition to vacate was ineffective under 9 U.S.C. Section 12 and Fed. R. Civ. P. 5. The court reasoned that Section 12 contains no exception to the three-month limitations period. Further, under Rule 5, a party may serve papers by email only if the person being served has "consented" to service by email "in writing." Here, Petitioner’s counsel had not asked Respondent’s counsel for consent to email service, and Respondent’s counsel had not provided consent to email service in writing, as required by Rule 5. Further, AAA Employment Arbitration Rules and Mediation Procedures 38(a)-(b) does not contemplate email service.
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