Recognition and Enforcement of Annulment Judgments under the New York Convention

This article explores the heavily debated issue of enforcement of annulled arbitral awards through the framework of American caselaw. It focuses on recent jurisprudence from the Second and Tenth Circuits, which has developed a ' foreign judgments approach ' in purporting to apply private international law principles when determining the question of enforcement under the New York Convention. This article argues that while a foreign judgments approach is appropriate, the recent caselaw from the American courts is problematic, as it is out of step with the broader regime of foreign judgment recognition and enforcement. This article also addresses some criticisms of the foreign judgments approach which have received less attention in the academic literature on the subject. While this article ' s primary focus is on the United States ' approach to annulled awards, the caselaw in this jurisdiction is of relevance to others (particularly the United Kingdom) which have adopted a foreign judgments approach.