· 3/24/2023
Fitzig v. Nielsen
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Under the New York Convention, only courts in the primary jurisdiction can vacate an arbitral award.”
- “Confirmation under the FAA is essentially the same as recognition and enforcement under the New York Convention”
- “Based on the Supreme Court’s discussion in Outokumpu and the New York Convention’s binary framework, we hold that the primary jurisdiction’s domestic law acts as a gap-filler and provides the vacatur grounds for an arbitral award.”
- “Strictly speaking, recognition and enforcement are distinct legal concepts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Randolph D. Moss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.