U.S. Courts’ Review of Article V(1)(b) under the New York Convention for the Enforcement of Foreign Arbitral Awards

• 발행기관: 한국중재학회
• 저자명: Jung Won Jun
• 간행물 정보: 『중재연구』 제24권 제3호, 79~103쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.09.30

국문 초록

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals’ discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

목차

Ⅰ. Introduction

Ⅱ. Review of Foreign Arbitral Awards Under the New York Convention by the Courts in the United States

Ⅲ. Conclusion

References

키워드

New York Convention International Arbitration Recognition and Enforcement of Foreign Arbitral Awards Due Process Rights