If an arbitration award is annulled in the courts of the country where the arbitration took place, can it nevertheless be enforced by the courts of another country? A recent decision in the Southern District of New York answered that question in the affirmative.
In 2012, the International Chamber of Commerce (ICC) published the second edition of a guide that addresses aspects of procedure relevant to enforcing arbitration awards under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.1 Much of the information in the guide comes from answers to questions asked of the various ICC National Committees. One such question was: “When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority” of the country in which, or under the law of which, that award was made?
