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UNITED STATES 1011 B
United States District Court, Western District of Washington, 27 October 2020
(Devas Multimedia Private Ltd. v. Antrix Corp. Ltd.)
UNITED STATES 1011 B
The Court granted the petition to confirm an ICC award rendered in India, rejecting all of the objections raised by the defendant, including objections based on alleged violations of public policy. In its earlier decision, the Court had lifted a stay of proceedings.
See also United States District Court, Western District of Washington, 17 September 2020
(Devas Multimedia Private Ltd. v. Antrix Corp. Ltd.)
UNITED STATES 1011 A
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the applicable period of limitation for seeking enforcement of an award.
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.
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.