Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Enforcement of Foreign Judgments
Trends and predictions
How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
United States

Answer ... The US Supreme Court has agreed to review the decision of the Eleventh Circuit in GE Energy Power Conversion France SAS Corp v Outokumpu Stainless USA, LLC, 902 F 3d 1316 (2018), holding that a non-signatory to a contract cannot compel arbitration under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as incorporated in Chapter 2 of the Federal Arbitration Act, through the doctrine of equitable estoppel. The court held that: “Private parties… cannot contract around the Convention’s requirement that the parties actually sign an agreement to arbitrate their disputes in order to compel arbitration.” There is a conflict in the circuit courts on this issue. The case presents an important issue for corporations engaging in cross-border commercial transactions, which often require performance by parties that are not actual signatories, including sureties and subcontractors.

For more information about this answer please contact: Ana Reyes from Williams & Connolly
Enforcement of Foreign Judgments