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Defenses To The Enforcement Of An International Arbitration Award Based Upon Non-Arbitrability Or A Set-Aside Of The Award Where It Was Made

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Chapter Summary

The most recent Supreme Court pronouncement on the issue is the case of BuckeyeCheck Cashing v. Cardegna. Buckeye is a good case to examine because a footnote in the opinion zeroed in on the topic as it relates to defenses to the enforceability of awards. The Supreme Court of Florida agreed with the borrowers and declared the contracts illegal and therefore void under Florida law. In the arbitration, which took place in Egypt under the laws of Egypt, Chromalloy prevailed and then sought to enforce the award in the United States. In Baker Marine, two Nigerian companies combined forces to bid for supply barge services to Chevron in Nigeria. Baker Marine then sought to enforce the awards in Nigeria. The Nigerian court set aside both arbitration awards.

Keywords:arbitration awards; Baker Marine; BuckeyeCheck ; Egypt; Florida law; Nigeria; Supreme Court



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