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Federal Arbitration Act › Foreign Judgments

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Mintz - Arbitration, Mediation, ADR...

When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First

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An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more

Mintz - Arbitration, Mediation, ADR...

A Primer for Enforcement in the U.S. of Foreign-Issued Arbitration Awards (Courtesy of the Second Circuit)

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In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States...more

Carlton Fields

Federal Court Remands Albanian Power Company’s Suit

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In March, a New York federal court remanded an Albanian power company’s suit seeking enforcement of an Albanian court’s judgment. In Albaniabeg Ambient Sh.p.k. v. Enel S.P.A., the federal court reasoned that, although the...more

Carlton Fields

Federal Courts Lack Jurisdiction Over Enforcement Of Foreign Judgments, Even Where Judgment Is Inconsistent With Earlier...

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Plaintiff Albaniabeg, power plant operator, sought enforcement of an Albanian judgment in a New York state court against defendant Italian power companies. Section 205 of the FAA permits removal of an action that relates to...more

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