John V. H. Pierce, Janet R. Carter, David N. CinottiFrom: International Commercial Arbitration in New York (2nd Edition)
Edited By: James H. Carter, John Fellas
This chapter addresses the key issues involved in challenging and enforcing international arbitral awards in New York. First, it looks at the procedural issues that a party must consider when seeking to challenge or enforce an international arbitral award in New York. These include, among other things, the form, timing, and service of the application, and the satisfaction of subject-matter jurisdiction, personal jurisdiction, and venue requirements. Second, this chapter examines the substantive grounds available to a party that seeks to vacate, or resist recognition and enforcement of, an international arbitral award in New York. Depending on the circumstances, including the jurisdiction in which the award was made and the terms of the parties’ arbitration agreement, these grounds may be those set forth in the FAA, the New York Convention, and the CPLR.