UNITED STATES 154

16 - 03 - 1993

UNITED STATES 154

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XIX (1994)
Jurisdiction United States
Summary

US 154. United States Court of Appeals, Second Circuit, 16 March 1993

Related topics
105

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).

"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)
306

The court discusses the applicable period of limitation for seeking enforcement of an award.

Period of limitation for enforcement
515

Award not binding, suspended or set aside: The court discusses the conditions under which an award that has merged into a court judgment in the country of origin can still be enforced as an award under the Convention, and whether a decision granting recognition under the Convention can be enforced as a foreign court judgment in a third country.

Merger of award into judgment
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
UNITED STATES 154