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U.S. Supreme Court holds that the New York Convention does not displace domestic doctrines permitting nonsignatories to enforce arbitration agreements
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U.S. Supreme Court holds that the New York Convention does not displace domestic doctrines permitting nonsignatories to enforce arbitration agreements
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Journal Article
U.S. Supreme Court holds that the New York Convention does not displace domestic doctrines permitting nonsignatories to enforce arbitration agreements
2020
Overview
On June 1, 2020, the Supreme Court unanimously held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or Convention) does not conflict with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories. The Court interpreted the text of the Convention as being silent on the issue of enforcement by nonsignatories and thus leaving this issue to domestic law. The Court noted that some postratification practice (including the recommendation of a UN commission) and the views of the executive branch were consistent with its conclusion, but it did not determine how much weight should be accorded to these sources.
Publisher
Cambridge University Press
