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United States / 09 June 1981 / U.S. District Court, Southern District of Ohio / Fertilizer Corp. of India (India) v. IDI Mgmt. Inc. (US) / C-1-79-570
Country United States Court United States, U.S. District Court, Southern District of Ohio Date 09 June 1981 Parties Fertilizer Corp. of India (India) v. IDI Mgmt. Inc. (US) Case number C-1-79-570 Applicable NYC Provisions VI | V | IV | V(2)(b) | V(1)(e) | V(1)(c) | IV(1)(b) Source 517 F. Supp. 948 Languages English Summary Fertilizer Corporation of India (FCI), a wholly-owned entity of the Government of India, and IDI Management (“IDI”), the successor in interest to Chemical & Industrial Corp. (“C & I”), an Ohio Corporation, entered into a contract for construction of a nitrophosphate plant in India. The contract provided for arbitration under the Rules of the International Chamber of Commerce (“ICC Rules”). An award was rendered in favor of FCI, who petitioned an Indian Court for confirmation of the award. IDI applied to another Indian Court to have the award set aside. Both proceedings before Indian courts were pending when FCI sought enforcement in the United States. The United States District Court for the Southern District of Ohio granted an adjournment. The Court noted that it had been unable to discover any standard on which a decision to adjourn should be based, other than to ascertain whether an application for the setting aside or suspension of the award had been brought before a competent authority of the country in which, or under the law of which, the award was made. In the present case, the Court ascertained that the threshold elements of Article VI NYC were fulfilled and that it was appropriate to adjourn the proceeding until Indian courts rendered a decision. In rejecting other defenses under the NYC, the Court found that: (i) the Petitioner had fulfilled the formal conditions of Article IV(1)(b) NYC, (ii) there was no public policy ground on which to refuse enforcement under Article V(2)(b) NYC, given that enforcement of foreign arbitral awards may be denied on this basis only where enforcement would violate “the forum states’ most basic notions of morality and justice”, (iii) there was no violation of Article V(1)(c) NYC, which followed Section 10(d) of the Federal Arbitration Act since the arbitrators did not exceed their authority in granting consequential damages under the award, and (iv) Article V(1)(e) the NYC did not prevent enforcement because the award was final and binding, as no further recourse was available in arbitration. see also :
- VI / 2. ANALYSIS (VI) / c. Whether there are any prevailing factors to be considered by courts / §38
- VI / 2. ANALYSIS (VI) / a. The absence of a standard / §25
- 1. ANALYSIS (XIV) / §4
- I / 2. ANALYSIS (I) / ARTICLE I(3) / a. Meaning of “legal relationships considered as commercial under the national law of the State making such declaration” / §86
Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=845&opac_view=6 Attachment (1)
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Country Germany Court Germany, Bundesgerichtshof (Federal Court of Justice) Date 12 February 1976 Case number III ZR 42/74 Applicable NYC Provisions VII | V | II | VII(1) | V(1)(c) | II(2) | II(1) Source Original decision obtained from the registry of the Bundesgerichtshof Languages English Summary In relation to a dispute regarding a sale purchase agreement for lard, the Seller obtained a favourable award from the Arbitration Commission of the Chamber of Commerce of the Romanian People’s Republic. The Buyer had refused to participate in the arbitration proceedings, arguing that the 6-month time limitation contained in the arbitration clause had lapsed. The Seller subsequently sought enforcement of its award in Germany, but the Landgericht (Regional Court) Frankfurt refused enforcement. The Oberlandesgericht (Higher Regional Court) Frankfurt confirmed the refusal and annulled the award, finding that the arbitrators had breached the terms of the arbitration agreement regarding the 6-month statute of limitations (giving rise to a non-enforcement ground under Article V(1)(c) NYC) and that the arbitral tribunal’s lack of jurisdiction constituted an “extreme case” justifying both refusal of enforcement and annulment. The Bundesgerichtshof (Federal Supreme Court) did not agree with the Oberlandesgericht’s decision on enforcement and remanded the case back to the Oberlandesgericht for reconsideration. It also reversed the annulment of the award, holding that an award falling under the NYC i.e. made in the territory of another Contracting State, may be annulled by a German court only if the award had been made pursuant to German law (which was not the case here). The Bundesgerichtshof held that the parties had validly concluded an arbitration agreement in writing as required by Articles II(1) and II(2) NYC. Although the arbitration clause was only contained in the General Conditions for the Sale and Delivery, it was inserted by the parties’ representatives in the signed contract itself, or at least attached to it as an exhibit. However, in relation to the scope of the arbitration agreement and the six-month time limit, the Bundesgerichtshof held that the arbitration clause was ambiguous and that the jurisdiction of the arbitral tribunal after the six-month period was not explicitly excluded. The Bundesgerichtshof held that the facts discussed by the Oberlandesgericht did not allow for the conclusion that the arbitral tribunal had arbitrarily – and without any basis in the contractual provisions – assumed jurisdiction over the dispute. see also : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=926&opac_view=6 Attachment (1)
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Country United States Court United States, U.S. Court of Appeals, Second Circuit Date 23 December 1974 Parties Parsons & Whittemore Overseas Co. v. Societe Generale de L’Industrie du Papier (RAKTA) Case number 74-1642, 74-1676 Applicable NYC Provisions V | V(2)(b) | V(2)(a) | V(1)(c) | V(1)(b) Source 508 F.2d 969 Languages English Summary Parsons & Whittemore Overseas (“Overseas”), an American corporation, and Societe Generale de L'Industrie du Papier (“RAKTA”), an Egyptian corporation, entered in a contract for the construction and operation of a paper mill in Egypt. The contract provided for arbitration under the Rules of the International Chamber of Commerce (“ICC Rules”). RACTA initiated arbitration proceedings claiming damages for breach of the contract, and a final award was rendered in its favor. The award was confirmed by United States federal district court. Overseas appealed this decision and argued that: (i) the enforcement of the award would violate US public policy; (ii) the award represents a decision on matters not appropriate for arbitration; (iii) the Arbitral Tribunal denied Overseas an adequate opportunity to present its case; (iv) the award is predicated upon the resolution of issues outside the scope of the contractual agreement for arbitration, and (v) the award is in manifest disregard of the law. The United States Court of Appeals for the Second Circuit confirmed the district court’s decision and confirmed the award. In dismissing the first objection, the Court of Appeals held that the public policy provision of Article V(2)(b) NYC should be construed narrowly, and the enforcement of foreign arbitral awards may be denied only where enforcement would violate the forum state's most basic notions of morality and justice. The court also ruled that the arbitrability of the claim, pursuant to Article V(2)(a) NYC, was not affected by the fact that US foreign policy was somehow implicated in the dispute. The Court found no violation of due process under Article V(1)(b) NYC and found no excess of the Tribunal’s jurisdiction under Article V(1)(c) NYC. Finally, the Court declined to determine whether there was an implied defense of “manifest disregard of the law” under the NYC, instead holding that even if there was such a defense, Overseas had failed to establish it. see also : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=714&opac_view=6 Attachment (1)
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Country France Court France, Cour d'appel de Paris (Court of Appeal of Paris) Date 10 May 1971 Parties Compagnie de Saint-Gobain Pont-à-Mousson v. The Fertilizer Corporation of India Limited Case number J 9915 Applicable NYC Provisions V | V(1) | V(1)(b) | V(1)(c) | V(1)(e) | V(2) | V(2)(b) Source Original decision obtained from the registry of the Cour d’appel de Paris
Summary A French company (Saint Gobain) entered into an agreement with an Indian company (Fertilizer Corporation of India Limited - F.C.L.I.) for the construction of a plant in India. A dispute arose and an award was rendered on 29 September 1969 in New Delhi in favor of F.C.L.I. In an order issued on 3 December 1969, the President of the Tribunal de Grande Instance de Paris (First Instance Court of Paris) allowed enforcement of the award in France. In the meantime, Saint-Gobain initiated an action before the High Court of New Delhi to have the arbitral award declared without legal effect until it had been approved by the aforementioned court. Saint-Gobain also challenged the enforcement order before the President of the Tribunal de Grande Instance de Paris, arguing that the award had not yet become binding on the parties and that due process had been violated and that therefore the enforcement should be refused pursuant to Articles V(1)(b) and V(1)(e) NYC. In the alternative, Saint-Gobain requested an adjournment of the decision on the enforcement of the award pending the proceedings before the High Court of New Delhi in accordance with Article VI NYC. The President du Tribunal de Grande Instance de Paris dismissed the action on 15 May 1970. On 17 November 1970, the Indian Supreme Court declared that the award was final and binding on the parties. Appealing the 15 May 1970 order, Saint-Gobain argued that (i) the arbitral tribunal had failed to comply with the mandate conferred upon it (Article V(1)(c) NYC), (ii) due process had been violated (Article V(1)(b) NYC), and that (iii) the award was contrary to the public policy of the country where recognition and enforcement was sought (Article V(2)(b) NYC). The Cour d'appel de Paris (Paris Court of Appeal) affirmed the decision of the President of the Tribunal de Grande Instance de Paris of 15 May 1970 and upheld the enforcement order. It did not refer to the NYC and rejected all of the arguments raised by Saint-Gobain based, inter alia, on the alleged violation of due process and public policy. affirms : see also : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=110&opac_view=6 Attachment (1)
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11 th meeting [E/CONF.26/SR.11 - E/2704/Rev.1, E/2822 and Add.1-6, E/CONF.26/2, 6/3 and Add.1, 26/4, 26/7, E/CONF.26/L.6-L.31]- 12/09/1958
Comments Meeting held at Headquarters, New York, on Tuesday, 27 May 1958, at 2.45 p.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | III | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3403&opac_view=6 Attachment (1)
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Comments Meeting held at Headquarters, New York, on Wednesday, 28 May 1958, at 11.45 a.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | IV | V | V(1)(c) | V(1)(e) | VI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3404&opac_view=6 Attachment (1)
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Comments Meeting held at Headquarters, New York, on Wednesday, 28 May 1958, at 2.45 p.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3405&opac_view=6 Attachment (1)
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Comments Meeting held at Headquarters, New York, on Thursday, 29 May 1958, at 11.45 a.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3406&opac_view=6 Attachment (1)
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Comments Meeting held at Headquarters, New York, on Tuesday, 3 June 1958, at 2.45 p.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3409&opac_view=6 Attachment (1)
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Comments Meeting held at Headquarters, New York, on Friday, 23 May 1958, at 10.45 a.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions I | V | V(1)(c) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3398&opac_view=6 Attachment (1)
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Comments Final Act and Convention on the recognition and enforcement of foreign arbitral awards Date 10/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.14. Final Act and Convention on the Recognition and Enforcement of Foreign Arbitral Awards Applicable NYC Provisions III | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3392&opac_view=6 Attachment (1)
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Date 09/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.11. Text of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards as Provisionally Approved by Drafting Committee 6-9 June 1958 Applicable NYC Provisions I | III | II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VIII | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3389&opac_view=6 Attachment (1)
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Date 06/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.11. Text of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards as Provisionally Approved by Drafting Committee 6-9 June 1958 Applicable NYC Provisions I | II | III | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VIII | IX | X | XI | XII | XIII | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3388&opac_view=6 Attachment (1)
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Date 04/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.10. Text of Articles Adopted by the Conference: 4-6 June 1958 Applicable NYC Provisions IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3381&opac_view=6 Attachment (1)
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Date 03/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.7. Text of Articles III, IV and V of the Draft Convention Proposed by Working Party III: 3 June 1958 Applicable NYC Provisions IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3371&opac_view=6 Attachment (1)
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Date 02/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.5.Further Amendments to the Draft Convention Submitted by Governmental Delegations - 29 May -3 June 1958 Country France | Netherlands Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(b) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3365&opac_view=6 Attachment (1)
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Date 29/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.3. Comparison of Drafts Relating to Articles III, IV and V of the Draft Convention - 29 May 1958 Country Netherlands | Sweden | Israel | Pakistan | France | Japan | Yugoslavia | Poland | United Kingdom | Switzerland | Italy Applicable NYC Provisions IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3359&opac_view=6 Attachment (1)
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Date 28/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Country Israel | Netherlands Applicable NYC Provisions II | IV | V | V(2)(b) | V(1)(c) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3354&opac_view=6 Attachment (1)
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Date 28/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Country France | Netherlands Applicable NYC Provisions V(1)(c) | V | V(1)(d) | V(2)(a) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3355&opac_view=6 Attachment (1)
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Date 28/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.3. Comparison of Drafts Relating to Articles III, IV and V of the Draft Convention - 29 May 1958 Country Netherlands | Sweden | France | Pakistan | Israel | United Kingdom Applicable NYC Provisions II | V | V(1)(c) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3358&opac_view=6 Attachment (1)
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Date 28/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(b) | VI Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3357&opac_view=6 Attachment (1)
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Date 26/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Country Netherlands Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3335&opac_view=6 Attachment (1)
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Date 08/04/1958 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Netherlands Applicable NYC Provisions I | II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3307&opac_view=6 Attachment (1)
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Date 10/03/1958 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country New Zealand Applicable NYC Provisions I | IV | V | V(1)(a) | V(1)(b) | V(1)(d) | V(2)(b) | V(1)(c) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3306&opac_view=6 Attachment (1)
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Date 06/03/1958 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.4. Comments on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Note by the Secretary-General: 6 March 1958 Applicable NYC Provisions I | III | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3309&opac_view=6 Attachment (1)
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Date 13/04/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Hungary | Norway Applicable NYC Provisions I | II | V | V(1)(c) | V(1)(e) | V(2)(a) | VIII | XI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3302&opac_view=6 Attachment (1)
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Date 13/04/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country France Applicable NYC Provisions V | V(1)(c) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3304&opac_view=6 Attachment (1)
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Date 03/04/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Netherlands | United Kingdom Applicable NYC Provisions I | II | V | V(1)(c) | V(1)(d) | V(2)(b) | IX | XIV Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3301&opac_view=6 Attachment (1)
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Comments Annex I: Comments by Governements (General observations and then comments on each article) Annex II: Comments by Non-Governmental Organizations (General observations and then comments on each article). Date 31/01/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Austria | Belgium | Brazil | China | Denmark | France | India | Japan | Korea | Lebanon | Mexico | Philippines | Switzerland Applicable NYC Provisions I | II | III | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English | French | Spanish Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3297&opac_view=6 Attachment (1)
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Comments Meeting held at Headquarters, New York, on Friday, 4 March 1955, at 2.40 p.m Date 29/03/1955 Classification (first level) D. Committee on the Enforcement of International Arbitral Awards Classification (second level) D.1. Summary Records of the Committee on the Enforcement of International Arbitral Awards Applicable NYC Provisions V | V(1)(a) | V(1)(b) | V(1)(e) | V(1)(c) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3431&opac_view=6 Attachment (1)
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