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- UNITED STATES 29 May 2026 Global Voice
UNITED STATES 29 May 2026 Global Voice
United States Court of Appeals, District of Columbia Circuit, 29 May 2026
(Global Voice Group SA v. Republic of Guinea)
UNITED STATES 29 May 2026 Global Voice
The district court (US 1084) had refused to confirm an award rendered against Guinea, holding that it lacked subject matter jurisdiction because Guinea, which was not a party to the arbitration agreement, had not waived its sovereign immunity under the Foreign Sovereign Immunities Act (FSIA). The Court of Appeals vacated and remanded, finding that the lower court had failed to make the necessary determination whether the arbitration agreement legally binds the sovereign, regardless of formal party status.
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
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.