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- UNITED STATES 29 May 2020 CPR Management
UNITED STATES 29 May 2020 CPR Management
United States District Court, Eastern District of Pennsylvania, 29 May 2020, CIIVIL ACTION NO. 18-1973
(CPR Management, S.A. v. Devon Park Bioventures, L.P. et al.)
UNITED STATES 29 May 2020 CPR Management
The Court explained that Art. V(1)(e) of the New York Convention incorporated the domestic Federal Arbitration Act (FAA) by providing that awards could be set aside or suspended by a competent authority of the country of rendition. Hence, in the case at issue the Court could examine whether vacatur of a Convention award rendered in the United States was warranted under the domestic FAA because of the alleged excess of authority of the sole arbitrator. On the facts of the case, it concluded it was not.
The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards.
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.