The court decisions available on this website interpret and apply the New York Convention. These court decisions are published in the Yearbook Commercial Arbitration since its Volume I (1976).
For instructions on how to search for court decisions per topic and per country in this website, please refer to our helpful access guide here.
The Court held that it had jurisdiction over a petition to enjoin arbitration under the New York Convention. Although the Convention did not explicitly authorize a court to enjoin a pending arbitration, and the Ninth Circuit had not yet determined this issue, the Court agreed with other district courts that the plain language of Sect. 203 of the Federal Arbitration Act (FAA) vests district courts with jurisdiction over an action or proceeding falling under the New York Convention, and Sect. 202 in turn provides the definition of an arbitration agreement or arbitral award that falls under the Convention. The arbitration agreement in the present case fell under the Convention – since it arose from a legal relationship which was commercial in nature and not entirely domestic in scope – and consequently the Court had jurisdiction.
United States District Court, Northern District of California, San Jose Division, 4 January 2022, Case No. 20-CV-08033-LHK
(Youlin Wang v. Richard Kahn et al.)
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The District Court remanded the matter to the State Court on the grounds that the arbitration agreement was not covered by the New York Convention as it was domestic in all aspects.
The arbitration agreement was contained in the plaintiff's partnership agreement with the defendant. Both parties were U.S. citizens (the plaintiff resided and practised law in California and the defendant was a Delaware limited liability partnership firm), the partnership agreement was subject to the laws of the State of Delaware and the enforcement of an eventual award under the agreement was envisaged to take place within the U.S. The Court rejected the relevance of the defendant firm's foreign patronage, holding that defendant's status as part of a Swiss-law recognised group of companies did not imply that the partnership agreement between the parties contemplated foreign performance. The Court ruled that to fall under the Convention, the parties' relationship must have contemplated overseas action or involvement, which was missing under the agreement. For the Court, the plaintiff's handling of international clients as a Dentons partner was not sufficient to satisfy the "performance abroad" requirement.
United States District Court, Central District of California, 11 June 2021
(Jinshu John Zhang v. Dentons U.S. LLP & Ors.)
US 992. Stemcor USA Incorporated v. CIA Siderurgica do Para COSIPAR et al., United States Court of Appeals, Fifth Circuit, No. 16-30984, 25 June 2019
Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.
US 984. Ytech 180 Units Miami Beach Investments LLC V. Certain Underwriters at Lloyd’s, London, et al., United States District Court, Southern District of Florida, Miami Division, Case No. 18-24770-CV-GRAHAM, 13 February 2019
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
US 961. Outokumpu Stainless USA, LLC et al. v. Converteam SAS, a foreign corporation now known as GE Energy Power Conversion France SAS, Corp., United States Court of Appeals, Eleventh Circuit, No. 17-10944, 30 August 2018
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
US 962. Nanko Shipping, Guinea v. Alcoa, Inc. et al., United States District Court, District of Columbia, Civil Action No. 14-1301 (RMC), 14 September 2018
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
US 979. PDC Machines Inc. v. NEL Hydrogen A/S (formerly known as H2 Logic A/S et al.), United States District Court, Eastern District of Pennsylvania, Civil Action No. 17-5399, 22 August 2018
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
US 975. VVG Real Estate Investments v. Underwriters at Lloyd’s, London, United States District Court, Southern District of Florida, Case No. 18-cv-61237-BLOOM/Valle, 1 August 2018
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses whether referral of the resolution of disputes to arbitration is mandatory under the Convention and whether mandatory referral is an internationally uniform rule which supersedes municipal law.
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
US 973. Stemcor USA Incorporated v. Cia Siderurgica do Para COSIPAR, et al., United States Court of Appeals, Fifth Circuit, No. 16-30984, 11 July 2018
Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.
US 946. Michelle Haasbroek v. Princess Cruise Lines, Ltd. et al., United States District Court, Southern District of Florida, Case No. 17-cv-22370-KMM, 12 December 2017
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
US 944. Alexander Mirza v. Cachet Hotel Group Limited Cayman L.P. et al., United States District Court, Central District of California, Case No. 17-CV-07140-RGK-KS, 17 November 2017
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
US 939. Julia Damaris Toruno Pineda v. Oceania Cruises, Inc. et al., United States District Court, Southern District of Florida, Civil Action No. 17-20544-Civ-Scola, 28 September 2017
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
US 937. Rodrigo R. Pagaduan v. Carnival Corporation, dba Carnival Cruise Lines et al., United States Court of Appeals, Second Circuit, No. 16-465, 18 September 2017
The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.
US 936. SBMH Group DMCC et al. v. Noadiam USA, LLC d/b/a Sky Organics et al., United States District Court, Southern District of Florida, Case No. 17-22605-CIV-ALTONAGA/Goodman, 15 September 2017 and 27 October 2017
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
US 935. Stemcor USA Incorporated et al. v. CIA Siderurgica do Para COSIPAR et al., United States Court of Appeals, Fifth Circuit, No. 16-30984, 1 September 2017
Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.
US 920. Brittania-U Nigeria, Limited v. Chevron USA, Incorporated, United States Court of Appeals, Fifth Circuit, 9 August 2017
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
US 930. Internaves de Mexico S.A. de C.V. v. Andromeda Steamship Corporation et al., United States District Court, Southern District of Florida, Case No. 16-81719-CIV-MIDDLEBROOKS, 29 March 2017
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
US 908.Outokumpu Stainless USA, LLC, et al. v. Converteam SAS n/k/a GE Energy Power Conversion France SAS, Corp., United States District Court, Southern District of Alabama, Case No. CA 16-0378-KD-C, 22 November 2016, 30 January 2017 and 3 February 2017
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
India No. 56. GMR Energy Limited v. Doosan Power Systems India Private Limited et al., High Court of Delhi, New Delhi, CS(COMM) 447/2017, 14 November 2017
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
US 925. Eazy Electronics & Technology, LLC, et al. v. LG Electronics, Inc., et al., United States District Court, District of Puerto Rico, Civil No. 16-1830 (GAG), 30 December 2016
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
US 902. Benjamin Michael Merryman et al. v. J.P. Morgan Chase Bank, N.A., United States District Court, Southern District of New York, 29 September 2016
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
US 899. Ali Imam Shah v. Blue Wake Shipping, United States District Court, Western District of Louisiana, Case No. 2:16 -CV-00529, 30 August 2016 and 30 November 2016
US 898. Francis D’Cruz v. NCL (Bahamas) Ltd., United States Court of Appeals, Eleventh Circuit, 29 August 2016
US 897. Robert M. Alberts v. Royal Caribbean Cruises, Ltd., United States Court of Appeals, Eleventh Circuit, 23 August 2016
US 891. Mauricio Wior v. BellSouth Corporation, United States District Court, Northern District of Georgia, Case No. 1:15-CV-02375-ELR, 29 June 2016
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
US 890. Maren Miller v. Tri Marine Fish Company et al., United States District Court, Central District of California, LA CV16-02203 JAK (SSx), 28 June 2016
US 876. Willman Suazo v. NCL (Bahamas), Ltd, United States Court of Appeals, Eleventh Circuit, 10 May 2016
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
US 874. China Media Express Holdings, Inc. v. Nexus Executive Risks, Ltd (f/k/a Torus Executive Risks, Ltd) et al., United States District Court, Southern District of New York, 25 April 2016
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
US 872. Brian Leighton v. Royal Caribbean Cruises, Ltd, United States District Court, Southern District of Florida, 5 April 2016
US 884. Apple Inc. v. BYD Company Limited, et al., United States District Court, Northern District of California, 2 March 2016
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
The Supreme Court affirmed the decision below, which had held that the Albanian court lacked jurisdiction because of the arbitration clause in the contract between the parties. Albanian parties may agree to refer disputes to international arbitration – here, ICC arbitration in Paris. The arbitration clause was valid under the applicable 1958 New York Convention and 1961 European Convention. The claimant/appellant did not argue that the clause was invalid or incapable of being performed. Its argument that the dispute did not fall within the scope of the arbitration clause was without merit: as noted by the court below, the claim – payment under the contract and related damages – clearly concerned the contract’s performance.
. Gjykata e Lartë e Republikës së Shqipërisë, 1 June 2016
(“2T” Sh.p.k. v. “Iren Acqua e Gas” (IAG), Albanian Branch)
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.
US 861. Baysand Inc. v. Toshiba Corporation, United States District Court, Northern District of California, San Jose Division, Case No. 15-cv-02425-BLF, 19 November 2015
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
The court discusses whether referral of the resolution of disputes to arbitration is mandatory under the Convention and whether mandatory referral is an internationally uniform rule which supersedes municipal law.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
US 858. Claudia Ester Sierra v. Cruise Ships Catering and Services International, NV et al., United States Court of Appeals, Eleventh Circuit, Case No. 14-14940 Non-Argument Calendar, 10 November 2015
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
US 855. Outokumpu Stainless, LLC, formerly known as Thyssenkrupp Stainless USA, LLC v. Siemens Industry, Inc., successor in interest to Siemens Energy & Automation, Inc., United States District Court, Southern District of Alabama, Southern Division, Civil Action No. 15-00243-KD-N, 20 October 2015
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
US .851. P41, DynaResource de Mexico, S.A. de C.V. and Dynaresource, Inc. v. Goldgroup Resources, Inc., United States District Court, District of Colorado, Civil Action No. 14-cv- 01527-MSK-KMT, 27 August 2015 and 29 September 2015
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
US 849. Jorge Escobar v. Celebration Cruise Operator, Inc., United States Court of Appeals, Eleventh Circuit, Case No. No. 14-11793, 25 June 2015
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
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.
The Supreme Court affirmed the decision of the district court, which had declined jurisdiction over a dispute covered by the arbitration clause in the parties’ contract. Since the parties had concluded a valid arbitration clause for arbitration in Italy, the case should be heard in arbitration pursuant to Art. II of the 1958 New York Convention, which applies to international arbitrations seated outside Albania.
Gjykata e Lartë e Republikës së Shqipërisë, Civil Panel, 3 June 2015
(“Ital Trade” Ltd. v. “Trapani Charter” Ltd)
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
US 882. Elvis Mueller Cristy v. (1) MSC Mediterranean Shipping Company SA., (2) MSC Cruises (USA), Inc., (3) MSC Crociere, S.A., United States District Court, Southern District of Florida, Case No. 13-61720-Civ-SCOLA, 21 February 2014; United States Court of Appeals, Eleventh Circuit; Case No. 14-11241, Non-Argument Calendar, 26 November 2014
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
US 881. Ashok Kumar v. Carnival Corporation, d/b/a Carnival Cruise Lines, United States District Court, Southern District of Florida, Case no. 12-23175-CIV-SEITZ/SIMONTON, 1 July 2013
The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.
The Supreme Court affirmed the decision of the district court, which had declined jurisdiction over a dispute covered by the arbitration clause in the parties’ contract. Albanian parties to a contract subject to Albanian law may submit their disputes to international arbitration, that is, to arbitration outside Albania. The 1958 New York Convention solely applies in respect of such arbitrations; the grounds on which the claimant relied to argue that the clause was invalid concerned arbitrations with seat in Albania. Here, the arbitration clause was valid and the dispute should be referred to arbitration in accordance with Art. II of the Convention. The claimant’s claim that the contract was invalid was irrelevant, as arbitration clauses are autonomous from the contract in which they are contained.
Gjykata e Lartë e Republikës së Shqipërisë, Civil Panel, 8 January 2013 (“C.A.E.” Ltd. v. “Energji” Ltd.)
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.