Should one’s ability to remove a case to federal court to enforce/challenge an international arbitration award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the Convention)1 depend on whether one is seeking to confirm or vacate the award? In some courts it does, and in others, it does not.
First, some details on the statutes through which the Convention has been implemented. Section 2022 provides generally that an arbitral award arising out of a commercial relationship “falls under the Convention” unless (1) the relationship is entirely between citizens of the United States and (2) does not involve property located abroad or envisages performance or enforcement abroad.
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