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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

One Size Does Not Fit All: US Circuit Court Declines To Apply Domestic FAA Vacatur Clause to International Award

  • Article Summary: In Earth Science Tech Inc. v. Impact UA, the US Court of Appeals for the Eleventh Circuit ruled that domestic Federal Arbitration Act vacatur grounds under Section 10(a)(4) do not apply to international awards governed by the Panama or New York Conventions. Author Ava Borrasso examines how the court limited vacatur grounds exclusively to those enumerated in international conventions, rejecting domestic statutory challenges regarding tort claim arbitrability and excessive damages calculations.
  • Kluwer Arbitration Blog

A recent decision by the Eleventh Circuit Court of Appeals has reaffirmed its stance that the Federal Arbitration Act's (FAA) domestic provision on vacatur does not apply to international awards. The case in question, Earth Science Tech Inc. v. Impact UA, involved a commercial dispute between a Florida-based CBD company and a Salvadoran biotechnology supplier.