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UNITED STATES 1003 B
United States District Court, District of Columbia, 24 August 2020
(PAO Tatneft v. Ukraine)
UNITED STATES 1003 B
The Court granted confirmation of a French award, rejecting all the grounds raised by Ukraine. It found in particular that the failure of the president of the arbitral tribunal to disclose that he had been appointed by the law firm for the plaintiff as arbitrator in an unrelated arbitration before the award was rendered, did not meet the applicable standard of review – although, it noted, this standard was higher in proceedings for confirmation of a foreign award than the “evident partiality” standard established for domestic cases. In its earlier decision, the Court had denied Ukraine’s motion to file a supplemental briefing in support of its attempt to introduce a third ground for opposing confirmation.
See also United States District Court, District of Columbia, 13 May 2020
(PAO Tatneft v. Ukraine)
UNITED STATES 1003 A
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.