Observations by Daniel Schimmel and Christopher Ryan
UNITED STATES COURT OF APPEALS FOR THE DISTRICT COURT OF COLUMBIA CIRCUIT IN 2007 CASE NO 06-7058 The Termorio Case
Subject Matter: Enforcement in the United States of an international arbitration award set aside in the country of origin.
Findings: A U.S. Court of Appeals has held that, (1) absent exceptional circumstances, a court in the United States should refuse to enforce an international arbitration award set aside by a competent authority in the country of origin, and (2) a court in the United States should not “impose its own considerations of public policy” in reviewing the decision setting aside the award in the country of origin. The approach of the U.S. Court of Appeals has been rejected by the courts of several other countries.
Claimants: Termorio S.A. E.S.P. and LeaseCo Group, LLC
Respondent: Electranta S.P., et al.
For the Claimant: Thomas R. Johnson, Jr., Stephanie K. Hines, Kevin M. Sali, and Benjamin Sharp
For the Respondent: Paul J. Kiernan and Stephen A. Bogorad
Place of Court Proceedings: Washington, D.C., U.S.
Applicable Law: U.S. law; NY Convention on the Recognition and Enforcement of Foreign Arbitral Awards