A Landmark Decision To Confirm Nullified Arbitration Award

Law360, New York (August 30, 2016, 1:18 PM EDT) -- The Second Circuit recently issued a landmark opinion in Commisa v. Pemex confirming a $465 million arbitration award despite the fact that a Mexican appellate court had nullified it. The appeal attracted the attention of a number of powerhouse lawyers including former Solicitor General Paul Clement. The United States and U.S. Chamber of Commerce also submitted amicus briefs.

The decision to confirm the nullified award has already been critiqued by scholars such as Marike Paulsson, a professor at the University of Miami and director of the International Arbitration Institute. Paulsson expressed astonishment that the court was putting an American gloss on...

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