UNITED STATES 376

05 - 09 - 2001

UNITED STATES 376

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVII (2002)
Jurisdiction United States
Summary

US 376. United States District Court, Southern District of New York, 5 September 2001

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)
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
UNITED STATES 376