UNITED STATES 1082

United States District Court, District of Columbia, 17 January 2025, Case No. 1:23-cv-03013-RC

(Eurofinsa, S.A. v. The Gabonese Republic)

17 - 01 - 2025

UNITED STATES 1082

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)

Jurisdiction United States

Original full text Full text decision UNITED STATES 1082

Excerpt Excerpt decision UNITED STATES 1082

Summary

The District Court confirmed an ICC award, finding that Gabon did not enjoy sovereign immunity by operation of the arbitration exception of the Foreign Sovereign Immunities Act (FSIA).

Related topics

101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)

301

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.

Procedure for enforcement in general

500

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

Grounds for refusal of enforcement in general

UNITED STATES 1082