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Looking Into A Crystal Ball: Courts' Inevitable Refusal To Enforce Parties' Contracts To Expand Judicial Review Of Non-Domestic Arbitral Awards, Eric S. Chafetz
Looking Into A Crystal Ball: Courts' Inevitable Refusal To Enforce Parties' Contracts To Expand Judicial Review Of Non-Domestic Arbitral Awards, Eric S. Chafetz
Eric S. Chafetz
Courts have not addressed whether parties can contract to expand the judicial review provisions in Article (“Art.”) V of the New York Convention (the "NY Convention"). When courts do address the issue, they will rely on the resolution of two prior issues: (1) whether parties can rely on the vacatur provisions in Art. 1 of the Federal Arbitration Act (“FAA”), in a vacatur proceeding under the NY Convention and (2) whether parties can rely on manifest disregard of the law and other grounds of review implied under Art. 1 of the FAA, in a vacatur proceeding under the NY Convention. …