UNITED STATES 92 A

United States District Court, Eastern District of New York, 27 October 1988

(Geotech Lizenz AG v. Evergreen Systems, Inc.)

27 - 10 - 1988

UNITED STATES 92 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XV (1990)
Jurisdiction United States
Summary

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

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
304

The court discusses the admissibility of a set off or counterclaim in enforcement proceedings under the Convention.

Set-off/counterclaim
404

The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

Authentication and certification
507

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.

Miscellaneous cases regarding the arbitration agreement
510

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.

Time limits and notice periods
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 92 A