REGGIE B. WALTON, United States District Judge.
This case arises out of the petitioner's, the Swiss Institute of Bioinformatics, petition to confirm an arbitration award issued by the Geneva Chamber of Commerce against the respondent, the Global Initiative on Sharing All Influenza Data. See generally Petition of Swiss Institute of Bioinformatics To Confirm a Foreign Arbitral Award ("Petition"). Currently before the Court is the petitioner's Motion for Default Judgment and To Confirm a Foreign Arbitral Award ("Pet'r's Mot."); see also Memorandum in Support of Motion for Default Judgment and To Confirm a Foreign Arbitral Award ("Pet'r's Mem."). For the reasons set forth below, the Court finds that the petitioner's motion must be granted.
The petitioner "is an academic, non-profit foundation formed in 1998 under the laws of Switzerland," where it also has its principal place of business. Petition ¶ 1. The respondent "is a non-profit corporation formed in 2006 under the laws of the District of Columbia," which is also its principal place of business. Id. ¶ 2.
The petitioner and the respondent "entered into an agreement, the EpiFlu Database Agreement (`Agreement'), on February 29, 2008, under which [the petitioner] was to set-up and maintain the EpiFlu Database and [the respondent] was to promote the database." Id. ¶ 6. The Agreement contained an arbitration provision, which stated:
Id. ¶ 7 (citing August 20, 2013 Declaration of Charles H. Camp ("2013 Camp Decl."), Exhibit ("Ex.") 1 (Agreement) ¶ 19). The Agreement further required the respondent to pay the petitioner "CHF 55,000 (Swiss Francs) upon signing the Agreement
"In response, on August 20, 2009, [the respondent] filed a Notice of Arbitration with the Geneva Chamber of Commerce, Industry and Services[]." Id. ¶ 20. The arbitrator found in favor of the petitioner and "ordered [the] [r]espondent to pay [the] [p]etitioner ... the following amounts: (a) CHF 576,906.22 plus 5% interest per annum from April 1, 2010; plus (b) CHF 191,914.75 and 30,390 plus 5% interest per annum from July 8, 2012; and (c) 75% of the remaining costs of the arbitration and 75% of the [p]etitioner's legal costs." Id. ¶ 31.
The petitioner subsequently filed this action seeking to confirm the Final Award pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, June 10, 1958, 21 U.S.T. 2517, T.I.A.S. No. 6997, 330 U.N.T.S. 38 (the "New York Convention") and Chapter 2 of the Federal Arbitration Act, 9 U.S.C. §§ 201-08 (2012). Id. ¶ 3. The petitioner contends that the respondent owes it $999,450.32 in accordance with the Final Award.
When a defendant fails to defend against a case or otherwise engages in dilatory tactics, the plaintiff may invoke the Court's power to enter a default judgment by first seeking the entry of a default. See Fed.
Despite a plaintiff's ability to acquire a judgment by default, there are "strong policies favoring the resolution of genuine disputes on their merits." Jackson, 636 F.2d at 835; see Peak, 236 F.R.D. at 15 (acknowledging the inherent unfairness of awarding judgment against a party for mere filing delays). However, while courts do not favor default judgment and will only resolve cases in this manner "when the adversary process has been halted because of an essentially unresponsive party[,] the diligent party must be protected lest [it] be faced with interminable delay and continued uncertainty as to [its] rights." Teamsters Local 639-Emp'rs Health Trust v. Boiler & Furnace Cleaners, Inc., 571 F.Supp.2d 101, 107 (D.D.C. 2008) (first alteration in original) (citing Peak, 236 F.R.D. at 15; Jackson, 636 F.2d at 836).
The petitioner argues that the New York Convention requires this Court to confirm the Final Award issued in this case. Pet'r's Mem. at 3. The Federal Arbitration Act codifies the New York Convention, a multilateral treaty, which addresses "the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought." New York Convention, Art. I. The Federal Arbitration Act authorizes the recipient of a foreign arbitral award that falls under the New York Convention to seek enforcement in a federal district court. 9 U.S.C. § 203. The Act is "[c]onsistent with the `emphatic federal policy in favor of arbitral dispute resolution,'" Belize Soc. Dev., Ltd. v. Gov't of Belize, 668 F.3d 724, 727 (D.C.Cir.2012) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 631, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985)), and "affords the district court little discretion in refusing or deferring enforcement of foreign arbitral awards," Belize, 668 F.3d at 727.
A federal district court "shall confirm" an arbitral award that falls under the New York Convention "unless it finds one of the grounds for refusal or deferral of recognition or enforcement of the award specified
New York Convention, Art. V, ¶¶ 1-2.
Here, none of the grounds for refusing to enforce the arbitral award apply. Neither the petitioner nor the respondent was under any incapacity and the Award was valid under the laws of Switzerland. See 2013 Camp Decl., Ex. 2 (Final Award) ¶¶ 90, 566. The respondent had proper notice of the arbitration proceedings; indeed, it was the respondent who sought arbitration in the first place. See Petition ¶ 20. The arbitration award addresses only those disputes that were submitted to arbitration. See 2013 Camp Decl., Ex. 2 (Final Award) ¶ 565. The arbitral procedure and the composition of the arbitral authority accorded with the agreement entered into by the petitioner and the respondent. See 2013 Camp Decl., Ex. 2 (Final Award) ¶¶ 8, 12. The Final Award is binding on the parties. 2013 Camp Decl., Ex. 2 (Final Award) ¶ 566. And
The petitioner requests an award of attorney's fees and costs incurred in the prosecution of this action. Pet'r's Mem. at 5. It has filed the declaration of its local counsel, Charles H. Camp of the Law Offices of Charles H. Camp, P.C., in support of its requests. See generally January 14, 2014 Declaration of Charles H. Camp ("2014 Camp Decl."). The petitioner represents that its counsel, both local and foreign, has accrued $35,712.93 in attorney's fees and expenses in the prosecution of this action since the Final Award was issued, Pet'r's Mot. at 6, and requests $26,784.69, which equals 75% of the total attorney's fees and expenses incurred in the prosecution of this action, id. at 2.
Neither the New York Convention nor the Federal Arbitration Act expressly address whether courts may award attorney's fees accrued in a proceeding to confirm a foreign arbitral award. But "it is well settled that the Court retains inherent power to assess attorneys' fees `when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.'" Concesionaria Dominicana de Autopistas y Carreteras, S.A. v. Dominican State, 926 F.Supp.2d 1, 2 (D.D.C.2013) (quoting Chambers v. NASCO, Inc., 501 U.S. 32, 45-46, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991) and citing United States v. Wallace, 964 F.2d 1214, 1218 (D.C.Cir.1992)). And although this Circuit has not addressed the application of these principles in the context of foreign arbitral awards, a former member of this Court held "that a party seeking to confirm a foreign arbitral award under the New York Convention may recover reasonable attorneys' fees and costs, at least where the respondent unjustifiably refused to abide by the arbitral award." Id. (citing Ministry of Def. & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Def. Sys., Inc., 665 F.3d 1091, 1104 (9th Cir.2011) ("We hold that federal law permits an award of attorney's fees in an action under the Convention, as it does in other federal question cases.")); see also Leon Trading SA v. M.Y. Shipping Private Ltd., No. 10 Civ. 129(PGG), 2010 WL 2772407, at *4 (S.D.N.Y.2010) (granting petitioner's request for attorney's fees in arbitration case where the "[r]espondents failed to submit opposition papers to the Petition"); Celsus Shipholding Corp. v. Manunggal, No. 06 Civ. 13598(DLC) 2008 WL 474148, at *2 (S.D.N.Y.2008) (same).
Included with Mr. Camp's declaration as attachments are the billing statements of the petitioner's Swiss counsel, MCE Avocats, and the billing statement of the petitioner's local counsel, the Law Offices of Charles H. Camp, P.C. See 2014 Camp Decl. ¶¶ 3-4; 2014 Camp Decl., Ex. A (MCE Avocats billing statement) at 7, 11, 14 (statements for CHF 3,260.30, CHF 5, 263.60, and CHF 1,143.45); 2014 Camp Decl., Ex. B (Law Offices of Charles H. Camp billing statement). The declaration represents that Mr. Camp's normal hourly billing rate is $600, which he "believe[s]... is a relative bargain here in Washington,
The petitioner additionally requests "post judgment interest as allowed by law." Pet'r's Mot. at 2. Although the Federal Arbitration Act provides no guidance, a generally applicable federal civil statute provides that post judgment "[i]nterest shall be allowed on any money judgment in a civil case recovered in a district court." 28 U.S.C. § 1961(a) (2012) (emphasis added). And while this Circuit has not directly addressed the issue, other federal circuits, as well as another member of this Court, have held that civil judgments confirming foreign arbitral awards are subject to § 1961. See Tricon Energy Ltd. v. Vinmar Int'l, Ltd., 718 F.3d 448, 457 (5th Cir.2013) ("A judgment confirming an arbitration award — like any other civil judgment — is subject to § 1961."); Ministry, 665 F.3d at 1102 ("the plain language of § 1961 ... is mandatory, not discretionary"); Global Distressed Alpha Fund I LP v. Red Sea Flour Mills Co. Ltd., 725 F.Supp.2d 198, 203 (D.D.C.2010) (same). The Court agrees with the conclusion reached by these courts and therefore finds that awarding post judgment interest is appropriate and that the petitioner is entitled to post judgment interest at the rate set forth in 28 U.S.C. § 1961.
For the foregoing reasons, the Court will grant the petitioner's motion for entry of default judgment, confirm the foreign arbitral award in the amount of $999,450.32, grant its requests for an award of $26,784.69, which amounts to 75% of the attorney's fees and costs incurred in prosecuting this action, as well as its request for post judgment interest at the rate set forth in 28 U.S.C. § 1961, and order the respondent to pay forthwith the total amount of the judgment awarded to the petitioner.