Albtelecom SH.A v. UNIFI Communicaitons, Inc., No. 1:2016cv09001 - Document 36 (S.D.N.Y. 2017)

Court Description: OPINION & ORDER re: 2 MOTION to Confirm Arbitration filed by Albtelecom SH.A; 15 CROSS MOTION to Dismiss or Stay Petition filed by UNIFI Communicaitons, Inc. For the reasons stated herein, the Court grants Albtelecom 's petition for confirmation of the arbitral Award entered by the ICC as a judgment of the Court. The Court, however, denies Albtelecom's petition to the extent that it seeks, based on the present record, judgment and a damages award based on a finding of a breach by Unifi of the terms of that Award. This ruling is without prejudice to Albtelecom's right to pursue such relief, either later in this action following appropriate briefing and fact discovery, or in another action, su ch as the ICC arbitration pending in Switzerland that Unifi has initiated. The Court also grants Albtelecom's application for costs, limited to its filing fee for this litigation, but otherwise denies Albtelecom's application for fees and costs, without prejudice to renewal. The Court denies Unifi's cross-motion to dismiss Albtelecom's petition. Counsel for Albtelecom and Unify are directed to meet and confer about the proper forum to which to resolve Albtelecom's cla ims of breach of the Award, and to submit a joint letter to the Court by Friday, June 23, 2017, consistent with the discussion herein. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 2 and 15. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/30/2017) (anc)