UNITED STATES 471
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXIX (2004)
Jurisdiction
United States
Original full text
Full text decision UNITED STATES 471
Summary
US 471. United States District Court, Southern District of Florida, 24 November 2003
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
102
Arbitral award not considered as domestic (paragraph 1)
The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
501
Grounds are exhaustive
The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.
513
Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
514
Ground e: Award not binding, suspended or set aside - "Binding"
704(A)
Panama Convention of 1975