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UNITED STATES 2025-7
United States Court of Appeals, District of Columbia Circuit, 30 July 2024, Case No. 23-7023
(Doraleh Container Terminal SA v. Republic of Djibouti)
UNITED STATES 2025-7
The Court of Appeals reversed the first-instance decision to confirm an LCIA award without deciding on the challenge to the authority of the applicant’s a law firm to represent the applicant. The applicant’s administrator had stated that she had not authorized the filing of the confirmation petition by the law firm.
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 conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
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.