Petitions of the day
Thepetitions of the dayare:
Issue:(1) Whether, under the doctrine offorum non conveniens, as applied to a confirmation action to enforce a foreign arbitration award, a foreign forum isper seinadequate because assets in the United States cannot be attached by a foreign court, as the D.C. Circuit has held; or is adequate if it has jurisdiction and there are assets of the defendant in the alternative forum, as the Second Circuit held; and (2) whether, under Article V(2)(b) of the New York Convention, the public policy in favor of arbitration yields where confirmation of an arbitral award would be contrary to the countervailing public policies such as international comity and the policy against tax evasion.
Issue:(1) Whether, under the doctrine offorum non conveniens, as applied to a confirmation action to enforce a foreign arbitral award, a foreign forum isper seinadequate because assets in the United States cannot be attached by a foreign court, as the D.C. Circuit has held; or whetherforum non conveniensremains a viable doctrine in foreign arbitration confirmation actions if the foreign forum has jurisdiction and there are some assets of the defendant available in the alternative forum, as the Second Circuit held; and (2) whether, under Article V(2)(b) of the New York Convention, public policy in favor of arbitration yields where confirmation of an arbitral award would be contrary to countervailing public policies such as constitutional separation of powers principles, combating government corruption, and/or international comity.
Posted in Cases in the Pipeline
Cases: Government of Belize v. Newco Limited, Government of Belize v. BCB Holdings Limited