- You are here:
- Home
- Court Decisions
- UNITED STATES 264 B
UNITED STATES 264 B
United States District Court, Southern District of New York, 22 December 1997
Saudi Iron and Steel Company v. Stemcor USA Incorporated)
UNITED STATES 264 B
See also United States District Court, Southern District of New York, 16 October 1997
(Saudi Iron and Steel Company v. Stemcor USA Incorporated)
UNITED STATES 264 A
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
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.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
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 cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.
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.