In Rem Jurisdiction in an Action to Confirm and Enforce a Foreign Arbitral Award Generally and Jurisdiction Based Upon the Presence of a U.S. Subsidiary Specifically

US courts have concluded that “in suits to confirm a foreign arbitral award under the [New York] Convention [on the Recognition and Enforcement of Foreign Arbitral Awards], due process requires that the district court have jurisdiction over the defendant against whom enforcement is sought or his property.” This correct, albeit at times non-arbitration conducive, conclusion has given rise to some wrinkles as courts have attempted to reconcile their perceived duties under the Constitution with the pro-arbitration policy arising from the U.S.’s obligations under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”).

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