In reviewing provisions of New York Arbitration Convention and Federal Arbitration Act relating to judicial confirmations of arbitral awards, Second Circuit concludes that, in Convention cases, 9 U.S.C. Section 207 preempts FAA Section 9's "consent-to-confirmation" requirement so that U.S. courts may confirm foreign arbitral awards even if arbitration agreement does not specifically say so.

In 1993 Phoenix Aktiengesellschaft (a German corporation) licensed Ecoplas (a U corporation) to show and sell "Phoenix polyester - (UP) - moulding compounds" To do this, Phoenix passed upon confidential information and technical expertise to Ecoplas. The licensing agreement required arbitration of relevant disputes before the International Chamber of traffic (ICC) in Zurich, Switzerland, with Swiss law applying. Phoenix later decided to exchange certain assets to Bakelite AG. When Phoenix sought Ecoplas' concurrence to the transfer of the licensing agreement, however, Ecoplas percepted and declared the agreement terminated.

Phoenix nearest brought a complaint before the ICC's International Court of Arbitration (ICA).