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Arbitration, Conventions and FSIA
On May 25, 2007, the United States Court of Appeals for the District of Columbia Circuit in Washington, DC examined the dismissal of an action for the recognition and enforcement of a Columbian arbitration award. The award had been nullified by the proper court in Columbia. Despite that outcome, the winner attempted to seek its recogition in the United States under the New Court Convention which is incorporated into the Federal Arbitration Act.
In the matter Termorio SA ESP et al. vs. Electranta SP et al., docket number 06-7058, the D.C. touched briefly on the Foreign Sovereign Immunities Act because of the role of Columbia as a co-owner of its defendant instrumentality, an energy concern, 28 USC §1603(b). Its opinion supports the dismissal of the action based on Art. V(1)(e) of the Convention. -- Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington. FSIA .FAA
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