Does The Enforcement Of Annulled Foreign Arbitral Awards In The United States Come Down To Normative Judgments?
Several recent circuit-level decisions have shown that U.S. courts are willing to review a foreign court’s annulment of an arbitration award to determine whether the annulment conflicts with U.S. public policy. This exercise inherently involves normative judgments and leads to the question of whether U.S. courts may be “out of their depth” in making such…