Mafidis v. Subway International, B.V., Case No. 3:10-CV-119 (PCD)(D. Conn. 2011), involves an attempt by a Subway franchisee under an international franchise agreement to vacate an international arbitral award against Subway. The Franchise Agreement contained a dispute resolution clause requirement arbitration and that proceedings would follow the United Nations Commission on International Trade Regulations and Law Arbitration Rules administered by an arbitration agency, such as the International Centre for Dispute Resolution. Necessary hearings would be held in New York City.

After the petitioner lost the arbitration, it sought to vacate on the grounds that Subway acted in bad faith. The petitioner mailed the court process to an entity addressed to Subway International but did not send the underlying complaint of summons or the court’s process to Subway’s principal place of business in Amsterdam....