Alternative Dispute Resolution,
International Law
Apr. 21, 2023
Federal Arbitration Act’s vacatur provisions apply in vacating international arbitration awards
The New York Convention serves as the backbone of international arbitration, as there is currently no international treaty requiring foreign courts to recognize and enforce U.S. court judgments.
On April 13, the Eleventh Circuit held in Corporación AIC, SA v. Hidroeléctrica Santa Rita S.A., Case No. 20-13039 (11th Cir. 2023), that the Federal Arbitration Act’s (FAA) domestic law grounds for vacatur of an arbitral award apply in an international arbitration under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), where the United States is the primary jurisdiction. The Eleventh Circuit’s decision overru...
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