A New Rule for Vacatur of International Arbitration Awards
Posted on May 17, 2023 in Arbitration, Uncategorized | Comments Off on A New Rule for Vacatur of International Arbitration Awards
Overruling Industrial Risk Insurers v. M.A.N. Gutehoffnunshutte GmbH, 141 F.3d 1434 (11th Cir. 1998) and Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), the Eleventh Circuit has held that an international arbitration award falling under the New York Convention may be vacated by courts in the arbitration’s “primary...
Full Court Will Consider Grounds for Vacatur of International Arbitration Awards
Posted on Oct 7, 2022 in Arbitration | Comments Off on Full Court Will Consider Grounds for Vacatur of International Arbitration Awards
The court will rehear en banc Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 2022 U.S. App. LEXIS 27855 (11th Cir. Oct. 5, 2022), concerning the grounds for vacatur of an arbitration award falling under the New York Convention. As we reported here, a panel of the court affirmed a denial of a motion for vacatur but invited the full court to revisit the issue. Posted by Valerie...
Panel Invites Full Court to Revisit Grounds on Which International Arbitration Awards Can Be Vacated
Posted on Jul 3, 2022 in Arbitration | Comments Off on Panel Invites Full Court to Revisit Grounds on Which International Arbitration Awards Can Be Vacated
In Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 34 F.4th 1290 (11th Cir. 2022), a panel of the Eleventh Circuit urged the full court to reconsider its holding in Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), and to add to the grounds on which an international arbitration award rendered in the United States,...
Public Policy Defense to Enforcement of Foreign Arbitral Award Requires Showing That Award Violates the United States’ “Most Basic Notions of Morality and Justice”
Posted on Oct 22, 2019 in Arbitration | Comments Off on Public Policy Defense to Enforcement of Foreign Arbitral Award Requires Showing That Award Violates the United States’ “Most Basic Notions of Morality and Justice”
The United States has acceded to The New York Convention (the “Convention”), which requires participating nations to enforce arbitration agreements and foreign arbitral awards. Federal district courts generally enforce foreign arbitral awards unless a party establishes one of seven defenses enumerated in Article V of the Convention. One such defense is that an award is contrary to the...
Court Rules Question of Arbitral Venue Presumptively for Arbitrator to Decide
Posted on Jul 20, 2017 in Arbitration | Comments Off on Court Rules Question of Arbitral Venue Presumptively for Arbitrator to Decide
In an international arbitration dispute between an Israeli company (“Profimex”) and an American business (“OAD”) incorporated in the state of Georgia, the Eleventh Circuit ruled this week “that questions of arbitral venue, even those arising in international arbitration, are presumptively for the arbitrator to decide.” Bamberger Rosenheim, Ltd., (Israel) (“Profimex”) v. OA Development,...