The Federal Arbitration Act permits the courts to vacate an arbitration award on grounds of corruption, fraud, partiality, misconduct, or other prejudicial conduct of an arbitrator, or where the arbitrators exceed their power. Under Article 52 of the Convention such challenges to an award may be raised only through the annulment proceedings provide for in the Convention. To permit those issues to be examined by the courts at the enforcement stage would be contrary to the provisions of the Convention.
112 Cong. Rec. 13,148, 13, 149 (June 15, 1966).
Read together, the [t]ribunal and [c]ommittee dispositifs (1) award TECO $21,100, 552 in "historic loss" damages, along with interest at the U.S. prime interest rate plus two percent, from October 21, 2010 to the date of payment, and (2) permit TECO to return to a new arbitral tribunal to pursue its additional claims from for $222,484,783 in "loss of value" damages and to pursue its claim for additional interest on its "historical loss" claim for the period from August 1, 2009 to October 21, 2010.
TECO I, 2018 WL 4705794, at *6. In short, the Court has already held that the proceeding involves two distinct claims—one that is final and enforceable, and one that is subject to further arbitral proceedings.
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