US court accepts personal jurisdiction defence in enforcement proceedings
In First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd (First Investment), a US court recently refused to recognize and enforce an arbitral award issued against two entities from the People’s Republic of China on the basis that the court lacked personal jurisdiction over those entities. The court also refused to abrogate the PRC’s sovereign immunity by permitting enforcement proceedings to move ahead against the PRC itself.
The First Investment ruling confirms that most US jurisdictions will allow personal jurisdiction defenses in actions to enforce foreign arbitral awards under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), even though no such defense appears in Article V of the New York Convention. First Investment is also important because it reaffirms the necessity of understanding local procedures in New York Convention enforcement proceedings…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Health Alert — Julia Clare v Australian Community Pharmacy Authority; Dr Reid v Medical Council of NSW; and more
DLA Piper has released the 22 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.