Case Law
United States / 31 March 2005 / U.S. Court of Appeals, Second Circuit / Encyclopaedia Universalis, S.A. v. Encyclopaedia Britannica, Inc. / 04-0288-CV
Country | United States |
Court | United States, U.S. Court of Appeals, Second Circuit |
Date | 31 March 2005 |
Parties | Encyclopaedia Universalis, S.A. v. Encyclopaedia Britannica, Inc. |
Case number | 04-0288-CV |
Applicable NYC Provisions | V | V(1)(d) |
Source | 403 F.3d 85, online: http://www.ca2.uscourts.gov/ (U.S. Court of Appeals, Second Circuit website) |
Languages | English |
Summary | Encyclopaedia Universalis S.A. (“EUSA”) and Encyclopaedia Britannica, Inc.(“EB”) entered into a license agreement containing an arbitration clause. A dispute arose and EUSA commenced arbitration proceedings. The Arbitral Tribunal found in favor of EUSA, and EUSA sought recognition and enforcement under the NYC in the United States District Court for the Southern District of New York. The District Court denied enforcement. EUSA appealed. The United States Court of Appeals for the Second Circuit affirmed the District Court’s decision to deny EUSA’s motion to confirm the award. The Court held the Arbitral Tribunal was improperly constituted within the terms of Article V(1)(d) NYC. However, the Court held that the District Court had erred in refusing to enforce the award on the ground that the arbitrators “exceeded their powers” under Section 10 (a)(4) of the Federal Arbitration Act (“FAA”). The Court noted that although this is a reason for vacating an award under the FAA, it is not one of the exclusive grounds for denying enforcement under the NYC, and declined to read additional FAA defenses into the NYC. |
Attachment (1)
Original Language Adobe Acrobat PDF |