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Expert Analysis

Public Policy Defense Rarely Bars Arbitral Award Enforcement

By Ava Borrasso (January 30, 2019, 9:08 PM EST) -- In 2018, several U.S. courts were confronted with challenges to the enforcement of international arbitral awards pursuant to the oft-cited but rarely successful public policy defense set forth in Article V(2)(b) of the New York Convention.[1] Consistent with existing precedent, the defense failed most of the time it was advanced. This article highlights the unique circumstances in which the defense was advanced and the rare case in which it was successful (currently pending appeal)....

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