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UNITED STATES 1047
United States Court of Appeals, Second Circuit, 8 July 2022, Docket Nos. 19-3159(L), 19-3361
(Esso Exploration and Production Nigeria Limited et al. v. Nigerian National Petroleum Corporation)
UNITED STATES 1047
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.