United States:
Petition To Vacate Arbitration Award Served By Email Did Not Constitute Service Under Fed. R. Civ. P. 5
23 February 2017
Carlton Fields
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The Second Circuit has affirmed a decision finding email
insufficient for service, absent consent to such method. In the
underlying district court, the Petitioner emailed a copy of his
petition to one of Respondent, Deutsche Bank's attorneys asking
whether counsel would accept service on Deutsche Bank's behalf.
Counsel agreed to accept service if Petitioner would give Deutsche
Bank 90 days to respond. Petitioner did not respond, and instead
personally served Deutsche Bank after the three-month period to
vacate the award had expired. The Second Circuit affirmed the
SDNY's decision dismissing the petition for failure to serve
notice as required by 9 U.S.C. § 12 and Fed. R. Civ. P. 5.
Martin v. Deutsche Bank Securities Inc., No. 16-456 (2d Cir.
Jan. 19, 2017)
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