Polska Fundacja Narodowa v. Athlete Benefits Group, LLC, 1:22-cv-05725

PFN, a Polish foundation, contracted with ABG to secure Shaquille O’Neal for 2018 Warsaw appearances; PFN paid a deposit but O’Neal never appeared due to travel-arrangement disputes.
PFN sought return of the deposit; in April 2019 a meeting occurred between ABG’s Lamar Williams and PFN board member Robert Lubański concerning a settlement; parties dispute whether Lubański signed or merely initialed a draft release.
PFN initiated ICC arbitration (Dec. 2020) under the contract’s ICC arbitration clause; PFN asked for an arbitrator not associated with the sports community; Respondents participated in filings but did not attend hearings.
The ICC arbitrator awarded PFN reimbursement of the deposit, interest, arbitration costs, and attorney fees; an addendum clarified ABG and Williams are jointly and severally liable.
PFN filed to confirm the foreign arbitral award under the New York Convention and FAA; Respondents opposed confirmation and cross-petitioned to vacate, alleging service defects, an earlier settlement/release, altered signatures, arbitrator unfitness, and manifest disregard of law.
The district court found service by certified mail and email proper, deferred to the arbitrator on factual and authenticity determinations (including inauthenticity of the alleged release and PFN’s signature rules), rejected the Article V defenses and manifest-disregard claim, and confirmed the award.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Service / personal jurisdiction	PFN served by certified mail and email after showing impracticability of personal service	Service defective; due process violated (COVID-19 service issues)	Service was proper; email + certified mail constitutionally sufficient
Validity of Engagement (signatures)	Engagement valid; deposit payable	Signatures altered; Engagement not executed	No proof of alteration; Article V(1)(a) defense fails
Timeliness to confirm award	Action timely under FAA (within 3 years)	Action untimely (events from 2018)	Petition filed within 3 years of award/addendum; timely
Settlement/release existence & authenticity	No binding settlement; arbitrator should decide authenticity	There was a prior settlement/release that bars award	Arbitrator found release inauthentic; authenticity is for arbitrator; Article V(1)(c) defense fails
Arbitrator qualifications / impartiality	Arbitrator selection conformed to ICC rules; PFN requested non-sports arbitrator	Arbitrator unqualified (no sports experience) / partial	No evidence ICC rules violated or impartiality shown; Article V(1)(d) defense fails
Manifest disregard / alter-ego (veil piercing)	Arbitrator correctly applied Delaware veil-piercing law; joint/several liability supported	Arbitrator ignored governing law; cannot treat ABG as Williams’ alter ego	Arbitrator provided detailed analysis; no manifest disregard; vacatur denied

Commodities & Mins. Enter. Ltd. v. CVG Ferrominera Orinoco, C.A., 49 F.4th 802 (2d Cir.) (arbitral-review is very limited; confirmation is summary)
Weiss v. Sallie Mae, Inc., 939 F.3d 105 (2d Cir.) (manifest-disregard vacatur is a heavy burden; arbitrator need only a barely colorable justification)
Encyclopaedia Universalis S.A. v. Encyclopaedia Britannica, Inc., 403 F.3d 85 (2d Cir.) (courts must respect parties’ agreed arbitration procedure)
Zurich Am. Ins. Co. v. Team Tankers A.S., 811 F.3d 584 (2d Cir.) (two-part test for manifest disregard: arbitrators knew and ignored clearly applicable law)
Seneca Nation of Indians v. New York, 988 F.3d 618 (2d Cir.) (enforce award if arbitrator has a barely colorable justification)
STMicroelectronics, N.V. v. Credit Suisse Sec. (USA) LLC, 648 F.3d 68 (2d Cir.) (standards for vacatur and manifest disregard)
Iran Aircraft Indus. v. Avco Corp., 980 F.2d 141 (2d Cir.) (Article V(1)(b) applies forum due-process standards to arbitration notice/ability to present case)
Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662 (U.S.) (arbitrators cannot impose class arbitration where contract is silent)