About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 Case Citations (March 2016 through June 2016) [1] (2016)

handle is hein.ali/aliuslaw0016 and id is 1 raw text is: 





          THE U.S. LAW OF INTERNATIONAL

                COMMERCIAL ARBITRATION





                          CHAPTER 4.   POST-AWARD RELIEF

                    TOPIC  2. GROUNDS FOR POST-AWARD RELIEF

                         SUBTOPIC   A. CONVENTION AWARDS

§ 4-12 Arbitration Agreement Does Not Exist or Is Invalid

D.D.C.2015. Com. (e) quot. in sup. (T.D. No. 2, 2012). After Belizean companies obtained an
arbitration award against the government of Belize, this court granted companies' petition to confirm the
award pursuant to the Federal Arbitration Act, which implemented the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards, and denied Belize's motion to dismiss the petition,
holding that Belize failed to provide any proof that the arbitration provision in the parties' agreement
was invalid under Belizean law. The court rejected Belize's argument that it did not agree to arbitrate
because the agreement was invalid, reasoning that, under the Convention and Restatement Third of
International Commercial Arbitration § 4-12, a challenge to an arbitration under the Convention had to
be brought against the agreement to arbitrate, not against the contract as a whole. BCB Holdings Limited
v. Government of Belize, 110 F.Supp.3d 233, 248.


For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.


ALI