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PHOENIX AKTIENGESELLSCHAFT v. ECOPLAS, INC.

No. 03-9000.

391 F.3d 433 (2004)

PHOENIX AKTIENGESELLSCHAFT, Petitioner-Appellee, v. ECOPLAS, INC. (formerly known as Plastek Corporation, formerly known as Plaslok Corporation), Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 10, 2004.

Attorney(s) appearing for the Case

Alan J. Bozer, Phillips Lytle, LLP, Buffalo, New York, for Respondent-Appellant.

Kevin D. Szczepanski, Hodgson Russ LLP, Buffalo, New York, for Petitioner-Appellee.

Before: NEWMAN, CALABRESI and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Ecoplas, Inc. ("Ecoplas") appeals from a judgment entered in the United States District Court for the Western District of New York (Arcara, J.) granting a motion by Phoenix Aktiengesellschaft ("Phoenix") to confirm an arbitration award. Because 9 U.S.C. § 207 preempts the consent-to-confirmation requirement of 9 U.S.C. § 9 in cases brought pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,...

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