UNITED STATES 471

24 - 11 - 2003

UNITED STATES 471

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXIX (2004)
Jurisdiction United States
Summary

US 471. United States District Court, Southern District of Florida, 24 November 2003

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
102

The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).

Arbitral award not considered as domestic (paragraph 1)
501

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.

Grounds are exhaustive
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
UNITED STATES 471