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Case Citations [1] (Spring 2024)

handle is hein.ali/aliuslaw0035 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations THE U.S. LAW OF INTERNATIONAL COMMERCIAL AND INVESTOR-STATE ARBITRATION CHAPTER 1. GENERAL PROVISIONS TOPIC 1. DEFINITIONS § 1.1. Definitions C.A.11, 2023. Com. (pp) cit. in sup., com. (uu) quot. in sup. Guatemalan contractor that built a new hydroelectric plant for Guatemalan energy utility sued utility, seeking to vacate an arbitration award issued in Florida pursuant to the New York Convention, which required contractor to return certain funds it had received from utility. The district court declined to vacate the award, finding that it could not consider contractor's argument that the arbitral panel had exceeded its powers, because the grounds for vacatur of an arbitral award governed by the Convention were limited to those set out in the Convention. On rehearing en banc, this court vacated and remanded, holding that, in arbitration disputes under the Convention where the primary jurisdiction was in the United States, the Federal Arbitration Act provided the grounds to vacate arbitral awards. The court cited Restatement of International Commercial & Investor-State Arbitration § 1.1, Comment uu, in noting that the terms set aside, suspend, and annul in the Convention were synonymous with the term vacatur under the Act. Corporaci6n AIC, SA v. Hidroelectrica Santa Rita S.A., 66 F.4th 876, 883. TOPIC 2. BASIC PRINCIPLES OF U.S. INTERNATIONAL ARBITRATION LAW § 1.3. Consequences of Choice of Arbitral Seat C.A.11, 2023. Subsec. (a) quot. in sup. Guatemalan contractor that built a new hydroelectric plant for Guatemalan energy utility sued utility, seeking to vacate an arbitration award issued in Florida pursuant to the New York Convention, which required contractor to return certain funds it had received from COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.