United States / 18 January 1980 / U.S. District Court, Northern District of Georgia / Southwire Co. (US) v. Laminoirs-Trefileres-Cableries de Lens, S.A. (France) / C79-43N, C79-44N
| Country | United States |
| Court | United States, U.S. District Court, Northern District of Georgia |
| Date | 18 January 1980 |
| Parties | Southwire Co. (US) v. Laminoirs-Trefileres-Cableries de Lens, S.A. (France) |
| Case number | C79-43N, C79-44N |
| Applicable NYC Provisions | V | V(2)(b) |
| Source | 484 F.Supp. 1063 |
| Languages | English |
| Summary | Laminors, a French seller (“the Seller”) and a corporation incorporated under the laws of Georgia, US (“the Buyer”), entered into a purchase agreement containing an arbitration clause. A dispute arose and Laminors brought the dispute before the International Chamber of Commerce (“ICC”) in accordance with the arbitration clause in the purchase contract. The Seller made a motion for confirmation of the arbitral award rendered by the Arbitral Tribunal. The Buyer opposed the motion. The United States District Court for Northern District of Georgia confirmed the award In a Supplemental Opinion, the same Court held that Georgia public policy did not bar the adoption of the French legal rate of interest on amounts due, since the arbitration agreement called for the contract to be interpreted according to the laws of Georgia to the extent they were compatible with the laws of France. It held that the enforcement of foreign arbitral awards may be denied under Article V(2)(b) NYC only where enforcement would violate “the forum countries’ most basic notions of morality and justice” and noted that there was no public policy ground on which to refuse enforcement under Article V(2)(b) NYC. |
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Attachment (1)
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