UNITED STATES 923
US 923. Asphalt Trader Ltd. v. Taryn Capital Energy, L.L.C., United States District Court, District of Utah, Case No. 1:16-cv-00054-JNP, 27 September 2016
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 relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.