UNITED STATES 527 B

United States District Court, Southern District of New York, 29 December 2005

Gerling Global Reinsurance Corporation, U.S. Branch v. Sompo Japan Insurance Company)

29 - 12 - 2005

UNITED STATES 527 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXI (2006)
Jurisdiction United States
Excerpt Excerpt decision UNITED STATES 527 B
Summary

See also United States District Court, Southern District of New York, 10 November 2004

(Gerling Global Reinsurance Corporation, U.S. Branch v. Sompo Japan Insurance Company)

UNITED STATES 527 A
Related topics
102

The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).

 Arbitral award not considered as domestic (paragraph 1)
103

The court discusses the impact of the nationality of the parties on the application of the Convention. 

 Nationality of the parties no criterion
104

The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards. 

 Convention's applicability in other cases
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
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
508 Ground b: Violation of due process in general
UNITED STATES 527 B