Key takeaways

• The U.S. Court of Appeals for the Second Circuit has, for the first time, upheld a decision confirming an arbitration award which had been annulled by the courts of the country where the arbitration was seated.
• The decision continues a line of cases analyzing the issue by reference to the standard for recognition of foreign court judgments and comity considerations.
• While the approach of U.S. courts continues to develop, parties attempting to enforce an annulled award in the U.S. will need to demonstrate extraordinary factual circumstances making recognition of the foreign court judgment repugnant to U.S. public policy.