UNITED STATES 195

02 - 12 - 1994

UNITED STATES 195

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXI (1996)
Jurisdiction United States
Summary

US 195. United States District Court, Western District of Michigan, Southern Division, 2 December 1994

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)
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
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
UNITED STATES 195