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  3. International Commercial Arbitration Drafts Quoted in D.C. Circuit Case
Home International Commercial Arbitration Drafts Quoted in D.C. Circuit Case
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In the Courts

International Commercial Arbitration Drafts Quoted in D.C. Circuit Case

August 10, 2015

A section of the Restatement of the U.S. Law of International Commercial Arbitration was quoted in support of a recent holding by the U.S. Court of Appeals for the District of Columbia Circuit. In Belize Social Development Limited v. Government of Belize, 2015 WL 4430191, July 21, 2015, the court affirmed the district court’s confirmation of an arbitration award in favor of a telecommunications company against the nation of Belize. In rejecting Belize’s argument that the court lacked subject-matter jurisdiction because Belize was entitled to sovereign immunity under the Foreign Sovereign Immunities Act, the court concluded that the arbitration exception to the FSIA applied. The court relied on the definition of “commercial” found in § 1–1 of the Restatement in holding that the agreement at issue was commercial in nature such that it was governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and fell within the FSIA’s arbitration exception.

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