Summary

The United States is a signatory to the New York Convention, a treaty which regulates international arbitration awards. See Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 4739. Congress has implemented the Convention through Chapter 2 of theFederal Arbitration Act. See 9 U.S.C. §§ 201 et seq.

Our task is to decide what grounds can be asserted to vacate an arbitral award governed by the New York Convention. We hold that in a case under the Convention where the United States is the primary jurisdiction--the jurisdiction where the arbitration was seated or whose law governed the conduct of the arbitration-- the grounds for vacatur of an arbitral award are set out in domestic law, currently Chapter 1 of the FAA. And we overrule Industrial Risk Insurers v. M.A.N. Gutehoffnungshutte GmbH, 141 F.3d 1434, 1445-46 (11th Cir. 1998), and Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291, 1301-02 (11th Cir. 2019), to the extent that they are inconsistent with our ruling.

ICC Arbitration