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UNITED STATES 3 August 2020 Corporacion AIC
United States District Court, Southern District of Florida, 16 April 2020 and 3 August 2020, Case No. 19-20294-CV-SCOLA/MCALILEY
(Corporacion AIC, S.A. v. Hidroelectrica Santa Rita, S.A.)
UNITED STATES 3 August 2020 Corporacion AIC
In the first decision, the Magistrate Judge recommended that the motion to vacate a partial and a final award rendered in the United States be denied. The parties agreed that the awards fell under the 1958 New York Convention. Referring to case law on this issue, the Judge explained that the objection of excess of authority raised under Sect. 10 of the Federal Arbitration Act was inapplicable here, because these international awards were subject to vacatur only if the plaintiff could successfully assert one of the seven defenses enumerated in Art. V of the New York Convention – which the plaintiff failed to do. In the second decision, the District Court adopted the recommendation.
The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards.