Not only would this constitute a radical expansion of the ambit of CPLR 5222, 5225 and 5227 in principle – but the practical realities also point towards a huge surge in litigation. Post-judgment enforcement is available not only to judgment creditors that have obtained judgments in the courts of this State, but also to parties holding sister-state judgments, foreign court judgments that have been recognized under the Uniform Foreign Country Money- Judgments Recognition Act (CPLR Article 53), arbitration awards rendered in New York and elsewhere in the United States (see CPLR 7501; 9 U.S.C. § 9), and foreign commercial and investment arbitration awards (see 9 U.S.C. §§ 301 et seq.; 9 U.S.C. §§ 201 et seq.; 22 U.S.C. § 1650a). Although Motorola may be a sympathetic judgment creditor in light of the massive fraud that underlies 17 its judgment (MCC Br. at 6-9), it admits that the facts are "irrelevant to th[e] certified question of law" before this Court.

The Panama Convention incorporated into the Federal Arbitration Act (“FAA”), and is enforced pursuant to Chapter 3 of the FAA. 9 U.S.C. § 301. Accordingly, American Partner requests confirmation of the Final Award pursuant to Chapter 3 of the FAA.2 18.

1997)...............................................................................................................6 Statutes and Treaties Federal Arbitration Act, 9 U.S.C. §1, et seq ......................................................................................Passim New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. §201, et. seq.........................................................................................................................Passim Inter-American Convention on International Commercial Arbitration, 9 U.S.C. §301, et seq .........5 Rules American Arbitration Association, Commercial Arbitration Rules ..................................................Passim (iii) Case 1:09-cv-06148-VM -MHD Document 14 Filed 07/29/09 Page 4 of 30 - 1 - Introduction Suchodolski Associates, Inc. and Consultora Worldstar, S.A. (collectively, “SAI/Worldstar”) submit this memorandum in support of their cross-petition to vacate the award of the American Arbitration Association (“AAA”) dated April 28, 2009, as corrected on June 8, 2009 (the “Final Award”). The Final Award is fatally flawed and not unanimous.