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- UNITED STATES 92 A
UNITED STATES 92 A
United States District Court, Eastern District of New York, 27 October 1988
(Geotech Lizenz AG v. Evergreen Systems, Inc.)
UNITED STATES 92 A
See also United States District Court, Eastern District of New York, 28 October 1988
(Geotech Lizenz AG v. Evergreen Systems, Inc.)
UNITED STATES 92 B
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the admissibility of a set off or counterclaim in enforcement proceedings under the Convention.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
Due process: The court discusses what are to be considered proper time limits and notice periods that fulfill the requirement that the party opposing recognition and enforcement of the arbitral award was extended due process.
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.
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.