UNITED STATES 905

28 - 10 - 2016

UNITED STATES 905

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLII (2017)
Jurisdiction United States
Summary

US 905. Matthew Charles Mitchell v. David Tillett et al., United States District Court, Northern District of California, Case No. 15-cv-04044-VC, 28 October 2016

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
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
UNITED STATES 905