UNITED STATES 1066

1066. United States District Court, Northern District of Iowa, Western Division, 23 March 2023, No. 22-CV-4047-CJW-KEM

(The United Mexican States v. Joshua Dean Nelson)

23 - 03 - 2023

UNITED STATES 1066

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction United States
Summary

The District Court denied the defendant’s objections to confirmation of a Canadian award. The defendant claimed that the arbitral tribunal had violated due process by not adequately placing him on notice that the legal import of a certain letter would be a dispositive issue, and had erred by excluding the expert evidence presented by the defendant. The Court found that these objections were barred by res judicata, because the same argument had been denied by a Canadian court, before which Nelson had unsuccessfully sought the award’s annulment.

Related topics
307

The court discusses questions relating to interest on the amount due under the arbitral award, including whether the enforcement court may grant interest not granted in the award, modify interest granted in the award, and grant post-award interest.

Interest on award
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
UNITED STATES 1066