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ARTICLE · 19 DECEMBER 2019

When Is An Interim International Arbitral Award "Final" Enough For Judicial Enforcement?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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A federal court must of course have subject matter jurisdiction to entertain an application to confirm or enforce an arbitration award.

United StatesLitigation, Mediation & Arbitration
Kaitlyn Anne Crowe
Kaitlyn Anne Crowe
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A federal court must of course have subject matter jurisdiction to entertain an application to confirm or enforce an arbitration award. Fortunately, that jurisdiction is in general provided by statute when it comes to arbitral awards that are subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") and Ch. 2 of the Federal Arbitration Act ("FAA"). See FAA § 203, 9 U.S.C. § 203. However, several federal courts have determined that they lack subject matter jurisdiction pursuant to FAA § 203 to confirm or enforce an "interim" international arbitration award. But just what qualifies as "interim" is not always clear.

In Al Raha Grp. for Tech. Servs. v. PKL Servs., Inc., No. 1:18-cv-04194, 2019 U.S. Dist. LEXIS 156249 (N.D. Ga. Sept. 6, 2019), the court held that it did not have subject matter jurisdiction to enforce an arbitral award of injunctive "interim measures," which had been issued with the intent to

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