UNITED STATES 1058

United States Court of Appeals, Tenth Circuit, 13 July 2023, Nos. 21-5072 & 21-5081

(Baker Hughes Services International, LLC v. Joshi Technologies International, Inc.)

13 - 07 - 2023

UNITED STATES 1058

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVIII (2023)
Jurisdiction United States
Related topics
301

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.

Procedure for enforcement in general
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
507

Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.

Miscellaneous cases regarding the arbitration agreement
UNITED STATES 1058