(1) the general objectives of arbitration—the expeditious resolution of disputes and the avoidance of protracted and expensive litigation;
(2) the status of the foreign proceedings and the estimated time for those proceedings to be resolved;
(3) whether the award sought to be enforced will receive greater scrutiny in the foreign proceedings under a less deferential standard of review;
(4) the characteristics of the foreign proceedings including (i) whether they were brought to enforce an award (which would tend to weigh in favor of a stay) or to set the award aside (which would tend to weigh in favor of enforcement); (ii) whether they were initiated before the underlying enforcement proceeding so as to raise concerns of international comity; (iii) whether they were initiated by the party now seeking to enforce the award in federal court; and (iv) whether they were initiated under circumstances indicating an intent to hinder or delay resolution of the dispute;
(5) a balance of the possible hardships to each of the parties, keeping in mind that if enforcement is postponed under Article VI of the Convention, the party seeking enforcement may receive "suitable security" and that, under Article V of the Convention, an award should not be enforced if it is set aside or suspended in the originating country ... ; and
(6) any other circumstances that could tend to shift the balance in favor of or against adjournment.
Europcar, 156 F.3d at 317-18. These factors "balance the Convention’s policy favoring confirmation of arbitral awards against the principle of international comity embraced by the Convention." Novenergia II, 2020 WL 417794, at *4 (quoting Four Seasons Hotels & Resorts, B. V. v. Consorcio Barr S.A., 377 F.3d 1164, 1172 (11th Cir. 2004)).
Date: March 24, 2022
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