United States District Court, W.D. North Carolina, Charlotte Division
D. Whitney Chief United States District Judge.
MATTER is before the Court on Defendant Rashid A.
Buttar's Motion to Dismiss Plaintiff's Petition to
Confirm Foreign Arbitral Award (Doc. No. 8) pursuant to Rules
12(b)(2) and (12)(b)(3) of the Federal Rules of Civil
Procedure. For the reasons below, Defendant's Motion to
Dismiss is DENIED.
FINDINGS OF FACT 
Foreign Arbitration Award
action arises out of a foreign arbitral award based on an
alleged breach of a Short Sale and Purchase Agreement by
Buttar. (Doc. No. 1, p. 2).
agreement provided that any disputes arising out of or in
connection with the contract shall be arbitrated in
accordance with the Arbitration Rules of Singapore
International Arbitration Centre (“SIAC Rules”).
(Doc. No. 1, p. 2).
April 10, 2015, the SIAC handed down its Final Award in favor
of Plaintiff as follows:
“The [Defendant] is ordered to repay in full to
[Plaintiff] the monies previously paid to [Defendant] by the
[Plaintiff] amounting to U.S. $1, 550, 000.00” plus
interest at the rate of 5.33% per annum from the date of the
commencement of the Arbitration to the date of the Award.
(Doc. No. 1, p. 2-3). The SIAC furthered awarded Plaintiff
$381, 479.34 in legal fees and disbursements; $26, 550.68 in
expert witness fees; $7, 231.96 in other miscellaneous
expenses; and $79, 439.80 for the costs of the arbitration.
Plaintiff seeks confirmation of the arbitration award issued
under the New York Convention. (Doc. No. 1).
at least 1996 until June or July of 2016, Buttar was
domiciled in Mecklenburg, North Carolina. (Doc. No. 38-2,
pp.1-2); (Doc. No. 38-3, pp. 1-2); (Doc. No. 38-4); (Doc. No.
39, p. 4).
Buttar started a family in North Carolina, and Buttar's
family remains in North Carolina. (Doc. No. 38-3, pp. 2-3);
(Doc. No. 38-5. p. 1).
Buttar has maintained multiple North Carolina addresses as
his place of residence. (Doc. No. 13, pp. 2-4).
Buttar was issued a Resident Visa on January 11, 2016. (Doc.
No. 21-1, p. 34).
mid-December 2017, however, Buttar and his attorney signed
and submitted a Consent Order in Buttar's state court
matter containing certain “Findings of Fact, ”
including that, as of December 19, 2017, Buttar and his wife
“are citizens and residents of Mecklenburg County,
North Carolina.” (Doc. No. 38-5, pp. 1, 3). The Consent
Order identified 14316 Beatties Ford Road, Huntersville, NC
28078 as Buttar's present address. Id. at 3.
April 16, 2018, Buttar's attorney in his state court
matter filed a Motion to Withdraw as Counsel, identifying
Buttar's “current mailing address” as 14316
Beatties Ford Road, Huntersville. (Doc. No. 38-6, p. 1).
Buttar was issued a Permanent Resident Visa on November 1,
2018, (Doc. No. 24-1, pp. 35-36), approximately seven months
after the petition was filed.
obtain a Permanent Resident Visa, Buttar was required to
remain in the country for at least 184 days for two
consecutive years. (Doc. No. 39-5).
However, there are no leases or purchase documents associated
with Buttar's move to New Zealand. (Doc. No. 38-7, p.
10); (Doc. No. 38-11).
Buttar is registered to vote in North Carolina and voted
absentee in the November 2016 presidential election. (Doc.
No. 13-2, p. 13).
Place of ...