US 729
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVI (2011)
Jurisdiction
United States
Original full text
Full text decision US 729
Excerpt
Excerpt decision US 729
Summary
US 729. United States District Court, Eastern District of North Carolina, Northern Division, 21 January 2011
Related topics
102
Arbitral award not considered as domestic (paragraph 1)
The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
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.