More recently, in Phoenix Aktiengesellschaft v. Ecoplas, Inc., then-Judge Sotomayor, writing for the Second Circuit, reaffirmed, in dicta, that I/S Stavborg and Kallen stand for the proposition that consent need not "be explicit in order to satisfy § 9." 391 F.3d at 436 n.2. The holding in Phoenix was that Section 207 of the FAA preempts Section 9's consent-to-confirmation requirement in international arbitration cases brought under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, T.I.A.S. No. 6997. See 391 F.3d at 436. Because Section 207, unlike Section 9, does not include a consent requirement, the Court held that the parties' failure to provide such consent did not bar judicial confirmation of their award. However, as the Second Circuit noted, the district court had "ruled for Phoenix on the alternative ground that even if § 9's consent requirement applied, the arbitration clause satisfied the requirement." Id. at 436 n.2. Although the Court's preemption holding obviated the need to reach this alternative ground, the Court noted that "the language used in the Agreement, taken together with the parties' actions, provides some support for" that alternate basis for confirmation. Id.