AVIC International Holding Corporation, et al. v. Soaring Wind Energy, L.L.C., et al.
Arbitration DueProcess Privacy JusticiabilityDoctri
Whether the district court must independently review a non-signatory's challenge to an arbitral panel's jurisdiction before the arbitration, and at a minimum, before confirmation of the arbitral award
question presented is: Whether the district court must independently review a non-signatory’s challenge to an arbitral panel’s jurisdiction before the arbitration, and at a minimum, before confirmation of the arbitral award. 2. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, known as the New York Convention, requires courts to deny the enforcement and recognition of foreign arbitral awards contrary to U.S. public policy or obtained without due process, and requires equal treatment in the process of constituting an arbitral panel. The Federal Arbitration Act, 9 U.S.C. §§ 201-208, the New York Convention’s implementing statute, permits those defenses in judicial proceedings to confirm or vacate foreign arbitral awards. The question presented is: Whether the due process and public policy defenses under the New York Convention prevent the recognition and enforcement of international arbitration awards where one (D II side of the dispute appointed a super-majority of the members of the arbitral panel?