2008
DOI: 10.54648/joia2008052
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Narrow Exceptions: A Review of Recent U.S. Precedent Regarding the Due Process and Public Policy Defenses of the New York Convention

Abstract: U.S. law has been remarkably consistent in its policy of enforcing foreign arbitral awards under the regime established by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However U.S. courts, when interpreting the treaty, provide for a baseline of procedural fairness for the litigants. On the Convention’s fiftieth anniversary, this note summarizes the state of U.S. law regarding two exceptions to the enforcement of arbitral awards: the due process exception and the … Show more

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“…However, US courts still took out some loophole to delay the enforcement. If the courts deemed the award unenforceable, they rejected it (Reed and Freda, 2008). As seen above, American public policy is clear and unequivocal.…”
Section: Analysis Of Case Lawmentioning
confidence: 99%
“…However, US courts still took out some loophole to delay the enforcement. If the courts deemed the award unenforceable, they rejected it (Reed and Freda, 2008). As seen above, American public policy is clear and unequivocal.…”
Section: Analysis Of Case Lawmentioning
confidence: 99%