US 387

04 - 12 - 2001

US 387

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVII (2002)
Jurisdiction United States
Original full text Full text decision US 387
Summary

US 387. United States District Court, Southern District of Texas, Houston Division, 4 December 2001

Related topics
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
508 Ground b: Violation of due process in general
510

Due process: The court discusses what are to be considered proper time limits and notice periods that fulfill the requirement that the party opposing recognition and enforcement of the arbitral award was extended due process.

Time limits and notice periods
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
US 387