UNITED STATES 875

26 - 04 - 2016

UNITED STATES 875

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction United States
Summary

US 875. Research and Development Center “Teploenergetika”, LLC v. EP International, LLC et al., United States District Court, Eastern District of Virginia, Norfolk Division, 26 April 2016

Related topics
303

The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

Estoppel/waiver
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
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
UNITED STATES 875