August 21, 2020 Articles

Eleventh Circuit Refuses to Vacate International Arbitration Award

The court recently addressed whether foreign arbitral awards can be set aside on public policy grounds under Article V of the New York Convention.

By Kenneth E. Sharperson

The Eleventh Circuit recently addressed whether foreign arbitral awards can be set aside on public policy grounds under Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).

The convention was designed to “encourage the recognition and enforcement of commercial arbitration agreements in international contracts and to unify the standards by which agreements to arbitrate are observed and arbitral awards are enforced in the signatory countries.” Courts have consistently held that the convention does not allow the refusal of recognition and enforcement of an award on grounds other than those listed in Article V

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