UNITED STATES 951

02 - 03 - 2018

UNITED STATES 951

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

US 951. BSH Hausgerate GmbH v. Jak Kamhi, United States District Court, Southern District of New York, No. 17 Civ. 5776, 2 March 2018

Related topics
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
UNITED STATES 951