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UNITED STATES 1001
United States Court of Appeals, Second Circuit,
3 April 2020
(Antoine Savine v. Interactive Brokers, LLC)
UNITED STATES 1001
The Court of Appeals affirmed on the same grounds the decision of the District Court (US 995), which had rejected the petitioner’s motion to vacate an arbitral award rendered in the United Kingdom, ruling that it lacked jurisdiction under the 1958 New York Convention, pursuant to which only the courts of the country where or under whose law the award was rendered had primary jurisdiction to vacate the award. As a court of secondary jurisdiction, the US court could only grant or refuse recognition and enforcement under the Convention.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.