Earlier this year[1] the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., where it held that the grounds for vacatur under Chapter 1 of the Federal Arbitration Act (FAA) may also apply to nondomestic arbitration awards (e.g., arbitration awards rendered in the U.S. but involving a non-U.S. party).[2] The court’s decision overruled two of its prior cases, holding that Article V of the New York Convention and Chapter 2 of the FAA provided the exclusive grounds for challenging the enforcement of a nondomestic arbitration award.[3] The decision is of significance because it brings the Eleventh Circuit — which encompasses the increasingly popular arbitration seats of Atlanta and Miami — in line with other circuit courts that have considered this issue.[4]
Victoria Alvarez
An experienced trial attorney, Victoria is an associate in the firm’s Business Litigation section. She uses her courtroom experiences to counsel companies on how to limit their liability and exposure.
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Troutman Pepper’s International Arbitration Handbook
By Zach Torres-Fowler, Jeremy Heep, Matthew Adler, Albert Bates, Jack Thomas, Victoria Alvarez & Leslie Davis on
Posted in International Arbitration
Globalization increasingly fosters complex cross border transactions and other international business relationships. These transactions and business dealings often give rise to disputes that are commonly resolved through international arbitration.