Recognition and the Enforcement of Foreign Arbitral Awards in the U.S.: Recent Trends and Practices under Commissa v. Pemex

Abstract

In deciding whether to recognize an arbitral award that was set aside in the seat of arbitration, the US courts assess whether the court judgment can be recognized in the U.S. In Commissa vs Pemex, the court further furnished the judgment test. The paper builds upon the court's reasoning and revisits the three main pillars upon which this test stands. It focuses on the U.S.’s understanding of the seat of arbitration, the role that judicial review has in relation to an arbitration proceeding, and the principle of international comity.

Keywords: Article V(1)(e) of the New York Convention, recognition and enforcement of foreign arbitral awards