UNITED STATES 632

10 - 12 - 2007

UNITED STATES 632

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction United States
Summary

US 632. United States District Court, Eastern District of New York, 10 December 2007

Related topics
306

The court discusses the applicable period of limitation for seeking enforcement of an award.

Period of limitation for enforcement
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
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
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
UNITED STATES 632