UNITED STATES 1010

United States Court of Appeals, Tenth Circuit, 17 August 2020, No. 19-1151
(Compañía de Inversiones Mercantiles, S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V.)

17 - 08 - 2020

UNITED STATES 1010

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)

Jurisdiction United States

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Summary

The Court of Appeals affirmed the finding of the district court that a Bolivian award should be confirmed. The courts found, inter alia, that the ruling of the arbitral tribunal had not been set aside by a competent Bolivian authority, and that the tribunal's ruling on damages was sufficiently "binding" to allow confirmation.

Related topics

514 Ground e: Award not binding, suspended or set aside - "Binding"

516

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.

"Set aside"

UNITED STATES 1010