In the world of the New York Convention, it is widely if not universally understood that the grounds for annulment of an Award to which the Convention applies are provided not by the Convention, but by the domestic arbitration law of the arbitral seat (or other lex arbitri agreed by the parties). That principle has also been widely understood in US federal courts, but alas, until last week, not – at least not definitively and clearly — in the important US Eleventh Circuit Court of Appeals.
The Eleventh Circuit has now come around. This was foreshadowed in a panel decision of that Court ten months ago, summarized in a Post on this site called “Mea Culpa in Miami” (June 21, 2022 – Type “Miami” in the keyword search box in the right-hand margin!) .
The Eleventh Circuit’s en banc decision last week is Corporación AIC, SA v. Hidroeléctrica Santa Rita S.A., 2023 WL 2922297 (11th Cir. April 13, 2023).