SDNY Lacks Jurisdiction Over Petition to Vacate Arbitration Award, Says Amazon Seller
A third-party Amazon seller's petition to vacate a $461,000 arbitration award in Amazon’s favor should be remanded to New York Supreme Court where it originated before Amazon removed it June 9 (see 2306130004), the seller, Longyan Junkai Information Technology, said…
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Monday. It’s undisputed that Amazon deactivated Longyan’s online store and seized the $461,000 in sales proceeds based on allegations that Longyan was selling counterfeit goods, said its remand motion (docket 1:23-cv-04869) in U.S. District Court for Southern New York in Manhattan. The award should be vacated “for completely irrational and manifest disregard of law,” said the remand motion. Amazon “failed its burden to establish” that the Southern District of New York “has subject matter jurisdiction over this case,” it said. A federal court’s subject-matter jurisdiction “can be established through either diversity jurisdiction or federal question jurisdiction,” but Amazon failed to establish either, it said.