Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

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Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world.

On August 2, 2016, the United States Court of Appeals for the Second Circuit affirmed a 2013 decision by the US district court in the Southern District of New York, which recognized and enforced an arbitral award — now in excess of US$465 million — for a Mexican subsidiary of the US-based company KBR against a Mexican state oil and gas company, although the award had been set aside at the arbitral seat in Mexico in 2011.

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