Petitioner Czech Republic initiated this action on August 20, 2018, by filing a petition to confirm a foreign arbitral award.1 Respondent A11Y LTD. has not responded to the petition, and its time to do so has expired. Accordingly, the Clerk of Court entered default against the respondent on December 26, 2018. See ECF No. 23.
When, as here, a respondent declines to respond to a petition "to confirm ... an [arbitral] award," which is "accompanied by a record [that includes the governing] agreement to arbitrate and the arbitra[l] award decision itself, ... the petition and accompanying record [are to be] treated as akin to a[n] [unopposed] motion for summary judgment." D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). In deciding such a motion, a court must conduct an independent review of "the moving party's submission[s] to determine if [the movant] has [in fact] met its burden of demonstrating that" it is entitled to judgment as a matter of law. Id. at 110 (quoting Vermont Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir. 2004)); accord Jackson v. Fed. Exp., 766 F.3d 189, 195-98 (2d Cir. 2014). The Court has undertaken the necessary independent review and determined that all material facts are undisputed, that those facts are grounded in admissible evidence, and that those facts entitle the petitioner to the relief requested as a matter of law.
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