Credit: jannoon028/Adobe Stock Recent Developments Regarding the Second Circuit's Application of Foreign Law To Determine the Legal Capacity of a Foreign Corporation Under The Federal Arbitration Act
It is critical to understand how a court will evaluate and apply foreign law to determine a foreign corporation's legal capacity to sue or be sued or to enter into an arbitration agreement. In the past year, two decisions by the U.S. Court of Appeals for the Second Circuit make clear the perils of getting these basic—but technically complex—questions wrong.
November 06, 2023 at 10:00 AM
11 minute read
When seeking to compel arbitration or to confirm or vacate a foreign or non-domestic arbitral award under the Federal Arbitration Act (FAA) and the New York Convention, formally known as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, T.I.A.S. No. 6997, 330 U.N.T.S. 38 (as applied through the FAA, 9 U.S.C. §§201–208), in U.S. courts, it is critical to understand how a court will evaluate and apply foreign law to determine a foreign corporation's legal capacity to sue or be sued or to enter into an arbitration agreement.
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