Defences to enforcement of an arbitral award in the USA under the New York Convention
Produced in partnership with Timothy J. Tyler, Robert Reyes Landicho, and Caroline Stewart of Vinson & Elkins LLP—Houston office
Defences to enforcement of an arbitral award in the USA under the New York Convention

The following Arbitration practice note Produced in partnership with Timothy J. Tyler, Robert Reyes Landicho, and Caroline Stewart of Vinson & Elkins LLP—Houston office provides comprehensive and up to date legal information covering:

  • Defences to enforcement of an arbitral award in the USA under the New York Convention
  • Defences to enforcement set out in the New York Convention
  • No defence available under Chapter One of the FAA unless the award is ‘non-domestic’
  • Forum non conveniens and enforcement in the US
  • Sovereign or state immunity as a defence to enforcement

This Practice Note focuses on the defences to enforcement of arbitral awards in the United States of America (USA or US) under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed 10 June 1958 (the New York Convention). Practice Note: Enforcing a New York Convention award in the USA, considers the enforcement of arbitral awards in the US, including the requirements of the Federal Arbitration Act (FAA) (9 U.S.C.) and the New York Convention. Practice Notes: Enforcing arbitral awards in New York and Enforcing international arbitration awards in Washington, DC may also be useful.

For more information on the New York Convention generally, see Practice Note: The New York Convention—the recognition and enforcement of arbitral awards—an introduction.

Note: All references to US case law in this Practice Note are not reported by LexisNexis® UK.

Defences to enforcement set out in the New York Convention

Chapter Two of the FAA (9 U.S.C. § 207) provides that:

‘...the court shall confirm the award unless it finds one of the grounds for refusal or deferral of recognition of enforcement of the award.’

The award debtor may challenge enforcement of an arbitral award made under the New York Convention on the very limited grounds specifically set out in the Convention. The award debtor bears the burden of proof to show that the award should not be enforced.

The FAA recognises all five

Navigate the law quickly and efficiently with Lexis®PSL
Imagine being able to quickly find up-to-date guidance on points of law and then easily pull up sources to support your advice. With LexisPSL, you can.
Take a free trial Take a free trial
Related documents:

Popular documents

LEXISNEXIS

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by

LEXISNEXIS

Issue estoppel

Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific

LEXISNEXIS

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and

LEXISNEXIS

Sources of Shari'ah

IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a