Court Decisions

The court decisions available on this website interpret and apply the New York Convention. These court decisions are in most cases published in the Yearbook Commercial Arbitration since its Volume I (1976). 

Search options:

Court Decisions Search Engine

The court decisions available on this website interpret and apply the New York Convention.

  1. Most decisions are reported in the Yearbook Commercial Arbitration, published by ICCA since 1976, and are numbered as in the Yearbook (e.g., US no. 954).

  2. Other decisions are indicated by country, date, and a short name (e.g., UK 18 June 2020 Alexander Brothers).

Court decisions can be searched by country and by topic.

Court Decisions

Search Court Decisions

  • Excerpt Topics
    UNITED STATES 27 January 2025 Baker Hugues

    United States Court of Appeals, Fifth Circuit, 27 January 2025

    (Baker Hugues Saudi Arabia Company Limited v. Dynamic Industries, Incorporated, et al.)

    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

    "Null and void", etc.
  • Excerpt Topics
    UNITED STATES 30 July 2024 Doraleh

    United States Court of Appeals, District of Columbia Circuit, 30 July 2024, No. 23-7023

    (Doraleh Container Terminal SA v. Republic of Djibouti)

    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
    UNITED STATES 1072

    United States District Court, Central District of California, 17 June 2024, Case No. 2:24-cv-01265-RGK-PD

    (Gate Gourmet Korea Co., Ltd. v. Asiana Airlines, Inc) 

    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
    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

    Grounds for refusal of 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
    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 1071

    United States District Court, Northern District of California, 31 May 2024, Case No. 23-cv-02159-RFL

    (Lihua Song v. Wenbin Que, et al.) 

    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

    Grounds for refusal of enforcement in general
    503

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

    Burden of proof on respondent
    508 Ground b: Violation of due process in general
    509

    Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

    "Proper notice"
    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"
    516

    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.

    "Set aside"
    UNITED STATES 12 March 2024 Cowin

    United States District Court, Southern District of New York, 12 March 2024, 1:23-cv-03054 (ALC)

    (Cowin Technology Co., Ltd. v. Amazon.Com Services, LLC, et al.)

     

    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

    Grounds for refusal of enforcement in general
    UNITED STATES 29 January 2024 Conti 11

    United States Court of Appeals, Fifth Circuit, 29 January 2024, No. 22-30808

    (Conti 11. Container Schiffarts-GmbH & Co. KG M.S., MSC FLAMINIA v. MSC Mediterranean Shipping Company S.A.)

     

    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
    UNITED STATES 5 January 2024 Anhui

    United States District Court, Central District of California, 5 January 2024, No. 2:23-cv-05942-RGK-PD

    (Anhui Light Industries International Co., Ltd. v. Dream Express Inc.)

    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

    Ground a: Arbitrability
  • Excerpt Topics
    UNITED STATES 22 September 2023 First Kuwaiti

    United States District Court, Eastern District of Virginia, Alexandria Division, 22 September 2023, Case No. 1:23-mc-1(First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Inc.)

    306

    The court discusses the applicable period of limitation for seeking enforcement of an award.

    Period of limitation for enforcement
    UNITED STATES 14 September 2023 DAK Property

    United States District Court, Middle District of Florida, Fort Myers Division, 14 September 2023, Case Nos.: 2:23-cv-417-SPC-KCD; 2:23-cv-497-SPC-KCD (DAK Property Holdings, Inc. v. Independent Specialty Insurance Company and Certain Underwriters at Lloyd’s London, Subscribing to Certificate Number B604510568622021)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

    Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 11 September 2023 Office Create

    United States District Court, Southern District of New York, 11 September 2023, 22-cv-8848 (ER)

    (Office Create Corporation v. Planet Entertainment, LLC, and Steve Grossman)

    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
    UNITED STATES 1070

    United States District Court, Middle District of Florida, Tampa Division, 31 August 2023, Case No. 8:22-cv-2158-TPB-CPT

    (United States of America v. Water Quality Insurance Syndicate v. The United Kingdom Mutual Steam Ship Assurance Association Limited)

    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

    Scope of arbitration agreement
    214-216 Field of application
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

    Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 18 August 2023 Evergreen Associates

    United States District Court, Eastern District of Louisiana, 18 August 2023, CIVIL ACTION NO. 23-1689 SECTION: “E” (1)

    (Evergreen Associates, Inc. Evergreen Lions Club v. Independent Specialty Insurance Company And Certain Underwriters At Lloyd’s London Subscribing To Binding Authority UMR B604510568622021)

    214-216 Field of application
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

    "Null and void", etc.
    UNITED STATES 1060

    United States Court of Appeals, Eleventh Circuit, 18 August 2023, No. 21-14408

    (Grupo Unidos por el Canal, S.A., SACYR, S.A. et al. v. Autoridad del Canal de Panama)

    508 Ground b: Violation of due process in general
    513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
    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 1069

    United States District Court, Eastern District of Virginia, Newport News Division, 15 August 2023, Case No. 4:23cv56

    (Keller North America, Inc. and Hampton Roads Connector Partners v. Certain Underwriters at Lloyd’s OP London and SCOR UK Company Limited)

    214-216 Field of application
    217

    The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

    Referral to arbitration in general
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

    "Null and void", etc.
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

    Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 15 August 2023 3131 Veterans Blvd

    United States District Court, Southern District of New York, 15 August 2023, No. 22-CV-9849 (LAP)

    (Certain Underwriters at Lloyds, London, et al. v. 3131 Veterans Blvd LLC)

    222

    The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

    Arbitrator's competence and separability of the arbitration clause
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

    Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 11 August 2023 Gjensidig

    United States District Court, District of Nevada, 11 August 2023, Case Number: 2:23-cv-00960-JCM-BNW

    (Assuranceforeningen Skuld Gjensidig and Skuld Mutual Protection and Indemnity Association (Bermuda) Ltd. v. M&F Fishing, Inc., a Nevada Corporation)

    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

    Grounds for refusal of enforcement in general
    520

    Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.

    Ground b: Public policy - Default of party
    UNITED STATES 2 August 2023 DAK Property

    United States District Court, Middle District of Florida, Fort Myers Division, 2 August 2023, Case No.: 2:23-cv-497-SPC-KCD

    (DAK Property Holdings, Inc. v. Independent Specialty Insurance Company and Certain Underwriters at Lloyd’s London, Subscribing to Certificate Number B604510568622021)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

    Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 1059

    United States Court of Appeals, Ninth Circuit, 1 August 2023, No. 20-36024, No. 22-35085, No. 22-35103, D.C. No. 2:18-cv-01360-TSZ

    (Devas Multimedia Private Limited v. Antrix Corp. Ltd.)

    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
    UNITED STATES 31 July 2023 DAK Property

    United States District Court, Middle District of Florida, Fort Myers Division, 31 July, Case No.: 2:23-cv-417-SPC-KCD (DAK Property Holdings, Inc. v. Independent Specialty Insurance Company and Certain Underwriters at Lloyd’s London, Subscribing to Certificate Number B604510568622021)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

    Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 26 July 2023 Maxwell Heirsch

    United States District Court, Eastern District of Louisiana, 26 July 2023, CIVIL ACTION NO. 23-495 SECTION M (2)

    (Maxwell Heirsch, Inc. d/b/a Visiting Angels v. Velocity Risk Underwriters, LLC, et al.)

    214-216 Field of application
    UNITED STATES 1068

    United States District Court, Eastern District of Pennsylvania, 18 July 2023, CIVIL ACTION No. 21-2845

    (Jiangsu Beier Decoration Materials Co., Ltd. v. Angle World LLC)

    206

    The court discusses the second alternative requirement of Art. II(2) that the arbitration agreement is “contained in an exchange of letters or telegrams”.

    Exchange of letters or telegrams
    403

    The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

    Original or copy arbitration agreement
    UNITED STATES 17 July 2023 Zhongzhi

    United States District Court, Southern District of New York, 17 July 2023, 22-CV-6977 (LAP)

    (Zhongzhi Hi-Tech Overseas Investment Ltd. v. Vincent Wenyong Shi)

    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
    UNITED STATES 14 July 2023 Polpharma

    United States District Court, Western District of North Carolina, Charlotte Division, 14 July 2023, 3:21-cv-133-MOC-DCK

    (Zaklady Farmaceutycyne Polpharma, S.A. v. Kartha Pharmaceuticals, Inc.)

    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

    Grounds for refusal of enforcement in general
    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.)

    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 1057

    United States Court of Appeals, Second Circuit, 12 July 2023, 22-825-cv

    (Olin Holdings Limited v. State of Libya)

    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
    504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
    512 Ground c: Excess by arbitrator of his authority - Excess of authority