Ex-Seller Falls ‘Woefully Short’ on Arbitration Vacatur Petition, Says Amazon

The U.S. District Court for Southern New York in Manhattan should deny the petition of former Amazon third-party seller Longyan Junkai Information Technology to vacate an arbitration award in Amazon’s favor and grant Amazon’s cross-motion to confirm that award, said Amazon’s memorandum of law Friday (docket 1:23-cv-04869). Junkai seeks recovery of $461,000 in sales proceeds that Amazon seized when it deactivated the seller’s online store on allegations it sold counterfeit goods (see 2306270041). Junkai improperly seeks “to relitigate the merits of its failed claims,” said the memorandum. It asks the court to “toss aside” the arbitrator’s “reasoned” award and “summarily order” Amazon to pay Junkai funds to which the arbitrator correctly ruled Junkai “had no contractual right,” said Amazon. Junkai falls “woefully short” of establishing any basis for vacatur under the Federal Arbitration Act, it said: “Junkai fails to even cite the relevant FAA standard, much less establish any of its strict and exacting grounds for vacating an award.”