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UNITED STATES 1055
United States Court of Appeals, Eleventh Circuit, 13 April 2023, No. 20-13039
(Corporación AIC, SA v. Hidroeléctrica Santa Rita S.A.)
UNITED STATES 1055
The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards.
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.