US 859
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction
United States
Excerpt
Excerpt decision US 859
Summary
US 859. Intel Capital v. Shan Yi, United States District Court, Eastern District of Michigan, Case No. 15-mc-50406, 13 November 2015
Related topics
501
Grounds are exhaustive
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.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
508
Ground b: Violation of due process in general
509
"Proper notice"
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.