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In this article, Partner Elizabeth A. Edmondson and Associate Gretchen O. Stertz examine the category of “nondomestic” arbitrations established by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The article explains that because the Federal Arbitration Act does not automatically confer subject matter jurisdiction on federal courts, exploring whether an arbitration qualifies as nondomestic may be worthwhile for a party who wishes to litigate the confirmation of an arbitration award in a federal forum. The authors describe what a nondomestic arbitration is, why nondomestic arbitration status matters, and how to determine if an arbitration seated in the United States qualifies as nondomestic.
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