Case Note: Termorío S.A. E.S.P. et al. v. Electranta S.P. et al. - Journal of International Arbitration View Case Note: Termorío S.A. E.S.P. et al. v. Electranta S.P. et al. by - Journal of International Arbitration Case Note: Termorío S.A. E.S.P. et al. v. Electranta S.P. et al. 25 3

The Termorío decision rendered in May 2007 by the United States Court of Appeals for the District of Columbia Circuit has provoked justified concerns in the international arbitration community. The decision purports to rely on the New York Convention but fails to reason on the basis of the enforcement and recognition of the award, instead relying exclusively on the recognition and deference due to foreign judgments on arbitral awards. Indeed, it places undue emphasis on the place of arbitration, and it misreads Article V(1)(e) of the New York Convention, as if it were a provision distributing international jurisdiction among judicial authorities. The decision, failing to articulate any meaningful standard for the principle of favorability of Article VII of the New York Convention, represents a missed opportunity to clarify the U.S. approach toward the enforcement of awards previously set aside at the place of arbitration.

Journal of International Arbitration