Summary

This article addresses recent decisions by US courts regarding the application of Article V of the New York Convention to the enforcement (or lack thereof) of awards set aside at the seat of arbitration. Under Article V(1)(e), enforcement may be refused when the award has been set aside by a competent authority of the country in which, or under the law of which, that award was made. Though US courts have clarified that the use of the word 'may' in Article V(1)(e) does not imply unfettered discretion, they have struggled to articulate consistent standards. Nevertheless, ...