The Second Circuit has affirmed a decision finding email insufficient for service, absent consent to such method. In the underlying district court, the Petitioner emailed a copy of his petition to one of Respondent, Deutsche Bank’s attorneys asking whether counsel would accept service on Deutsche Bank’s behalf. Counsel agreed to accept service if Petitioner would give Deutsche Bank 90 days to respond. Petitioner did not respond, and instead personally served Deutsche Bank after the three-month period to vacate the award had expired. The Second Circuit affirmed the SDNY’s decision dismissing the petition for failure to serve notice as required by 9 U.S.C. § 12 and Fed. R. Civ. P. 5. Martin v. Deutsche Bank Securities Inc., No. 16-456 (2d Cir. Jan. 19, 2017)
