UNITED STATES 931

02 - 05 - 2017

UNITED STATES 931

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIII (2018)
Jurisdiction United States
Summary

US 931. Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, United States District Court, Southern District of Florida, Miami Division, Case No. 16-24275-CIV-MORENO, 2 May 2017

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
401

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.

Conditions to be fulfilled by petitioner in general
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
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 931