Lack of Jurisdiction and Forum Non Conveniens as Defenses to the Enforcement of Foreign Arbitral Awards - ARIA - Vol. 15, Nos. 3-4, 2004

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American Review of International Arbitration - ARIA - Vol. 15 No. 3 - 4 2004 

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ARIA Vol. 15  No. 3 - 4 2004 

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Federal and state courts have generally been highly receptive to the
enforcement of both foreign arbitral awards and foreign judgments. However,
there is recent case law, including court decisions in New York, which has created
some uncertainty in this area, particularly as regards foreign arbitral awards. The
uncertainty concerns the availability of lack of jurisdiction of the enforcing court
over the debtor or his property and the doctrine of forum non conveniens as
grounds for refusing recognition and enforcement.
The central purpose of the New York Convention1 is to liberalize procedures
for enforcing foreign arbitral awards.2 The Convention does so principally by
limiting the grounds on which an arbitral award may be denied recognition or
enforcement.3 The Federal Arbitration Act (“FAA”) itself expressly states: “The

The International Commercial Disputes Committee of the Association of the Bar of the City of New York