Matter of Sojitz Corp. v. Prithvi Info. Solutions Ltd.: New York First Department Permits Pre-Award Attachments in International Arbitration
In a matter of first impression, the Appellate Division of New York, First Department, issued a decision on March 10, 2011 in Matter of Sojitz Corp. v. Prithvi Info. Solutions Ltd., expanding the ability of New York courts to grant a pre-award attachment of assets in foreign arbitration even in the absence of subject matter or personal jurisdiction. The Court held that N.Y. C.P.L.R. Sec. 7502(c) permits the attachment of New York assets for the purpose of securing an anticipated award in a foreign arbitration.