The U.S. Approach to Recognition and Enforcement of Awards after Set-Asides: The Impact of the Pemex Decision

15 Pages Posted: 28 Jun 2017

See all articles by Linda Silberman

Linda Silberman

New York University School of Law

Nathan Yaffe

Government of the United States of America - U.S. Court of Appeals for the Second Circuit

Date Written: June 2017

Abstract

The Second Circuit’s decision in Pemex is the first federal appellate decision to confirm a foreign Convention award that was set aside at the seat of arbitration. The question of how to treat an award set aside at the seat raises common questions for nearly all New York and Panama Convention countries. The authors situate the Pemex decision against the backdrop of the various approaches to those questions taken in different jurisdictions. Although the court in Pemex described its reasoning as consistent with prior U.S. federal appellate decisions in which courts have considered a set-aside award, Pemex in fact suggests a new approach. It moved towards embracing a “judgments” standard, which one of the authors had previously advocated. However, the opinion also left open serious questions and raised a few red flags, such as by suggesting that the standard of review for district court decisions confirming set-aside awards is “abuse of discretion.” The authors explore the significance of these and other aspects of the Pemex decision.

Suggested Citation

Silberman, Linda and Yaffe, Nathan, The U.S. Approach to Recognition and Enforcement of Awards after Set-Asides: The Impact of the Pemex Decision (June 2017). Fordham International Law Journal, Vol. 40, No. 799, 2017; NYU School of Law, Public Law Research Paper No. 17-18. Available at SSRN: https://ssrn.com/abstract=2993357

Linda Silberman (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6204 (Phone)
212-995-4341 (Fax)

Nathan Yaffe

Government of the United States of America - U.S. Court of Appeals for the Second Circuit ( email )

United States

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