News & Analysis as of

Public Policy International Arbitration New York Convention

Carlton Fields

Fourth Circuit Upholds Confirmation of Hong Kong Arbitration Award

Carlton Fields on

The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more

WilmerHale

Nonarbitrability and Mandatory Rules: Brothers, Not Twins

WilmerHale on

Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless...more

Foley & Lardner LLP

Enforcement of Annulled Foreign Arbitral Awards in the U.S.

Foley & Lardner LLP on

In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, 58 F.4th 429 (10th Cir. 2023) (“CIMSA v. GCC”), a panel of judges on the Tenth Circuit held in a 2-1 decision that the U.S. District Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcing International Arbitration Awards: US Courts Achieve Prompt and Efficient Enforcement, With Safeguards

Recent U.S. court decisions demonstrate that international arbitration remains a widely used and potentially attractive method for resolving international business disputes, largely due to the relative ease of enforcing...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Carlton Fields

U.S. Court Confirms London-Based Arbitral Award Against Belize, Finding Allegedly Partial Arbitrator Did Not Violate U.S. Public...

Carlton Fields on

The D.C. Circuit recently upheld a district court order confirming a London-based arbitral award against the Belize government over objections that enforcement of that award would violate U.S. public policy regarding the...more

Latham & Watkins LLP

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

Latham & Watkins LLP on

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

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