Phoenix Aktiengesellschaft v. Ecoplas, Inc. presented the Second Circuit with an unresolved question of preemption in international arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention). The court specifically addressed the issue of whether the consent-to-confirmation requirement of section 9 of the Federal Arbitration Act (FAA) conflicted with section 207 of the FAA which does not require such consent. Section 208 incorporates Chapter 1 provisions to the extent that such provisions are not in conflict with Chapter 2. Phoenix held that the two provisions were in conflict, and consent-to-confirmation is not incorporated into Chapter 2. This casenote examines the Phoenix decision in light of the history and goals of the convention and its domestic adoption, and precedent both within and outside the Second Circuit, as well as discussing its potential impact on cases under the Convention.
Everybody Loves Arbitration: The Second Circuit Sets Pro-Arbitration Precedent in International Commercial Arbitration Cases,
2005 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2005/iss2/8