Ex-Amazon Seller Presses Again for Reconsideration of Vacatur Denial
Amazon’s Dec. 6 opposition to Shenzhen Zongheng Domain Network Co.'s motion for reconsideration of the court’s Nov. 7 denial of its petition to vacate an arbitrator’s award in Amazon’s favor (see 2312070017) aims to slander Zongheng, said the seller’s reply…
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memorandum Wednesday (docket 1:23-cv-03334) U.S. District Court for Southern New York in Manhattan. Zongheng is “a small and disadvantaged third-party seller” that Amazon mistreated with “arbitrary account deactivation" and funds seizing under unenforceable terms in Amazon’s business services agreement, said the memorandum. Amazon “improperly obfuscated” Zongheng’s argument, alleging it’s attempting a “do-over,” it said. Zongheng isn’t trying to raise a “once abandoned argument,” as “falsely interpreted” by Amazon. Instead, it's “raising a new argument because of the newly discovered evidence on the same legal ground,” it said. At issue is the partiality of the arbitrator as a ground to vacate an arbitration award, it said. Reconsideration is “necessary” because Zongheng’s motion meets the standard for reconsideration under Rule 60(b)(2), it said.