Timothy Tyler

Counsel, Vinson & Elkins LLP

Tim's 15-year litigation practice emphasises both international commercial and investor-state arbitration and U.S. litigation with a non-U.S. element. His work involving contracts with state parties has a strong focus on the oil and gas industry. In practice, he regularly advises on and drafts international arbitration clauses in contracts as well as structuring transactions to gain investment treaty protection. He has been involved in ad hoc arbitrations under the UNCITRAL Rules, as well as institutional arbitrations under the rules of ICC, ICDR, ICSID, AAA, Singapore International Arbitration Centre and Cairo Regional International Arbitration Centre. In these and other proceedings, his international work encompasses particular experience with clients in Canada, Mexico, the Commonwealth of Independent States, the Middle East, and Europe. Tim has taught international commercial and investor-state arbitration at The University of Texas School of Law, where he has served as an adjunct professor. Tim is currently director of the international arbitration section of The University of Texas School of Law Center on Global Energy, International Arbitration, and the Environment.

Contributed to

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Defences to enforcement of an arbitral award in the USA under the New York Convention

Practice Notes

This Practice Note covers defences under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) to the enforcement of an arbitral (arbitration) award in the United States of America (US; USA). It covers the defences specifically enumerated in the New York Convention and the unavailability of a defence under Chapter 1 of the Federal Arbitration Act unless the award is non-domestic. It also covers forum non conveniens and enforcement in the USA and issues of sovereign (state) immunity as a defence to enforcement. This topic may also be referred to as: resisting enforcement of an award in the US; defending enforcement of an award in the US; refusing or deferring (refusal or deferral) enforcement of an award in the US; grounds for non-enforcement of an award in the US; vacating or setting aside an arbitration award in the US; grounds for resisting enforcement of an award in the US; challenges to enforcement of awards under US law; and, defending enforcement of arbitration awards in or before the US courts.

Arbitration