However, under either the Fairness or Waiver tests, it is unlikely that WPP will be able to vacate the judgment. Ultimately, it is unclear which test Franklin will adopt, as all authority discussed above is advisory (coming from Olympia and Columbia courts), and is not binding upon a Franklin court.
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Peason, the court held that…Ĭolumbia was next to decide this issue. Below is a summary of the Olympia and Columbia tests, as well as an analysis of how each test would impact our client. However, they disagree on the standard that should be used. However, courts in both Olympia and Columbia have found that formal Hague Procedures do not need to be followed to enforce all arbitration agreements.
Will WPP succeed in vacating the default judgment due to improper service under the Federal Rules of Civil Procedure and the Hague Convention?Īs you know, this is an issue of first impression in Franklin.Second, this memorandum analyzes whether there are any grounds to challenge the attorneys’ fee award issued by the District Court. First, this memorandum looks at whether the default judgment may be vacated due to insufficient service of process. Create a memo in minutes with this simple memo template. This simple design memo template includes company name, from, recipient, date, subject matter, and comments fields. (“WPP”) will be held liable for a default judgment entered against it by the United States District Court for the District of Franklin in favor of American Electric Distribution Inc. Memo (simple design) Compose a company memo with this clean, simple memo template. This memorandum explores whether our client Wuhan Precision Parts Ltd.
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