UNITED STATES 1044

United States District Court, Southern District of California, 9 May 2022, Case No.: 3:21-cv-1425-W-DEB

(General Marine II, LLC v. Michael Kelly)

09 - 05 - 2022

UNITED STATES 1044

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVIII (2023)
Jurisdiction United States
Related topics
402

The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.

Original or copy arbitral award
403

The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

Original or copy arbitration agreement
505 Incapacity of party
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
UNITED STATES 1044