Interpretation of Article V of the New York Convention in the Eleventh Circuit: Industrial Risk Insurers

The widespread use and growing preference for international arbitration over cross-border litigation is primarily due to the existence of a clear and straightforward regime for the enforcement of arbitration agreements and awards.

Even though this was not always the case, through the appearance of the New York Convention and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration, the treatment and acceptance of international arbitration in different legal regimes has undergone a harmonization process which has served to develop consistency. That harmonization process, however, has not been completed. Several jurisdictions, even within their own borders, apply and interpret the New York Convention differently. One example of those jurisdictions is the United States, where federalism allows that federal law be applied in a non-consistent manner by different federal circuit courts of appeals.

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