Content Join OGEMID
 
  • Linkedin
  • Twitter
  • Rss

Transnational Dispute Management

Skip navigation

Transnational Dispute Management

The network for international arbitration, mediation and ADR, international investment law and Transnational Dispute Management

Join OGEMID

Transnational Dispute Management

The network for international arbitration, mediation and ADR, international investment law and Transnational Dispute Management

  • Sign in
  • Subscribe
  • Home
  • Sign in
  • About About
    1. Home
    2. About
    3. About TDM
    4. About TDM
    5. Founding Editor T.W. Wälde
    6. T.W. Wälde
    7. Editorial team
    8. Editorial team
    9. Contributing Authors
    10. Contributing Authors
    11. Subscriptions
    12. Subscriptions
  • Journal Journal
    1. Home
    2. Journal
    3. Browse Issues
    4. Browse
    5. Articles by Category
    6. By Category
    7. Articles by Author
    8. By Author
    9. Advance publication
    10. Advance publication
    11. Specials
    12. Specials
    13. Search
    14. Search
    15. Book reviews
    16. Reviews
  • Legal & Regulatory docs. L & r docs
    1. Home
    2. Legal & Regulatory docs.
    3. L&R by Country
    4. L&R by Country
    5. L&R by Category
    6. L&R by Category
    7. L&R recent additions
    8. L&R recent additions
    9. Search
    10. Search
  • Audiovisual library AV library
    1. Home
    2. Audiovisual library
    3. Audiovisual Library
    4. Audiovisual Library
    5. TDM/OGEMID Interviews
    6. TDM/OGEMID Interviews
    7. Conference presentations
    8. Conference presentations
  • OGEMID OGEMID
    1. Home
    2. OGEMID
    3. About OGEMID
    4. About OGEMID
    5. Suggest a topic
    6. Suggest a topic
    7. Guest programme
    8. Guest programme
    9. Seminar programme
    10. Seminar programme
    11. Browse archive
    12. Browse archive
    13. Search
    14. Search
    15. Join
    16. Join
  • News & Events Events
    1. Home
    2. News & Events
    3. News
    4. News
    5. Events
    6. Events
  • Subscribe
Home > Journal > Advance publication

Enforcing Awards Set Aside at the Seat: the United States Perspective

  • Sign in
  • Suggested citation
D.M. Ziyaeva
D.M. Ziyaeva
C.S. Dumitrescu
C.S. Dumitrescu

Published 10 January 2019

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, an analysis of relevant US case law, with specific focus on the decisions in TermoRio v. Electranta, COMMISA v. Pemex, Getma Int'l. v. Republic of Guinea, and Thai-Lao v. Laos demonstrates that US courts will, typically, only enforce set aside awards where 'extraordinary circumstances' 'violate basic notions of justice'. That US courts enforce awards set aside by foreign courts only in exceptional circumstances that implicate 'basic notions of justice' requires that those parties who seek to enforce an award in the US become familiar with US public policy. These parties should prepare themselves for the inevitable fact-intensive inquiry that US courts will engage in to determine whether to enforce an annulled award. With this understanding, the cases discussed in this article can serve as guideposts, delineating which facts satisfy the 'extraordinary circumstances' standard and which do not.

To read this article you need to be a subscriber

Sign in

Forgot password?

Sign in

Subscribe

Fill in the registration form and answer a few simple questions to receive a quote.

Subscribe now

Suggested Citation

D.M. Ziyaeva; C.S. Dumitrescu (2019, forthcoming) "Enforcing Awards Set Aside at the Seat: the United States Perspective"
(TDM, ISSN 1875-4120) January 2019, www.transnational-dispute-management.com

"Advance publication" is the name given to material that is published ahead of its appearance in a regular structured issue of our Journal. It is also possible to monitor this via RSS. Subscribers will receive update alerts via e-mail of the published articles as soon as they have been added to the website.

Other recently published material:

Arbitrability of Competition Law Disputes in India

18 January 2021

Africa's Investment Treaty Practice with China: Are the Africa-China BITs Conducive to the Implementation of the AU Agenda 2063?

8 January 2021

Now available in TDM 1 (2021): Punitive Damages in the Context of Maritime Arbitration: Myth or Reality? Lessons Drawn from the American Perspective and the Existing Practice of the Society of Maritime Arbitrators

6 January 2021

The Return of the Home State to Investor-State Disputes: Bringing Back Diplomatic Protection?; Rodrigo Polanco - Book Review

6 January 2021

Halliburton v Chubb: UK Supreme Court Judgment Determines Arbitrator Impartiality and Disclosure Duty

15 December 2020

Complete listing of Advance publication.

Call for contributions

TDM Call for Papers: Old and New Disputes in Aerospace Law

Prof. Yun Zhao and Dr. J. Górski

  • Prof. ZHAO Yun
  • Dr. Jedrzej Gorski

TDM Call for Papers: The Future of Investment Law in Latin America

Dr. Sébastien Manciaux and Francisco Victoria-Andreu

  • Sebastien Manciaux
  • Francisco Victoria-Andreu

TDM Call for Papers: Islamic Finance and Dispute Resolution

Professor Dr A F M Maniruzzman

  • Professor Dr A F M Maniruzzman

Invitation to write: Overlap between Bankruptcy / Insolvency Proceedings and Arbitrations

TDM Editorial Team

Transnational Dispute Management

TDM Call for Papers: The African Continental Free Trade Agreement (AfCFTA)

J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye

  • Prof. Julien Chaisse
  • Dr. Jedrzej Gorski
  • Prof. Emmanuel Laryea
  • Prof. Makane Moïse Mbengue
  • Kehinde Olaoye

TDM Call for Papers: International Investment and Competition Law in AND with the Global South

Prof. Leila Choukroune and Anu Monga

  • Prof. Leila Choukroune
  • Anu Monga
  • More
  • Contribute

Stay connected

Sign up for our email alerts.

  • Issues
  • Advance publication
  • News
  • Linkedin
  • Twitter
  • RSS

Join the debate

Want to join OGEMID, the leading on-line discussion platform for international dispute resolution?

Simply fill in the registration form to start your trial membership.

Download the app

  1. App store
  2. Google play

The Transnational Dispute Management Journal (TDM, ISSN 1875-4120) and OGEMID listserv focus on recent developments in the area of (investment) arbitration and dispute management, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting. Read our Terms & Conditions here, and our Privacy Policy here.

About TDM

  • Terms & Conditions
  • Contribute
  • Subscriptions
  • Contact
  • Help

Other publications

  • Oil, Gas & Energy Law Intelligence (OGEL)

© 2004 - 2021. Published by MARIS.

  • Home
  • Contribute
  • Subscriptions
  • Contact
  • Help