5th Cir. Upholds Dismissal of Petition to Confirm Foreign Award

NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has affirmed dismissal of a petition to confirm a foreign arbitration award for lack of personal jurisdiction under the New York Convention, ruling that foreign entities are entitled to due process protections.

On Dec. 21, the appellate court held that requiring a court to have personal jurisdiction over a party protects the party’s interest in not being subject to the binding judgment of a forum with which it has established no “meaningful contacts, ties, or relations.”

“Even though the New York Convention does not list personal jurisdiction as a ground …