UNITED STATES 787

18 - 03 - 2013

UNITED STATES 787

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVIII (2013)
Jurisdiction United States
Summary

US 787. United States Court of Appeals, Seventh Circuit, 18 March 2013

Related topics
104

The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards. 

Convention's applicability in other cases
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
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
512 Ground c: Excess by arbitrator of his authority - Excess of authority
704(A) Panama Convention of 1975
UNITED STATES 787