Should Enforcing Courts Defer to the Set-Aside Decisions of Courts at the Seat of Arbitration?

Please join HIALSA for a lunchtime debate on whether courts considering whether to enforce an arbitral award should defer to the set-aside decisions of courts at the seat of arbitration. The debate, which will be moderated by Professor Mark Wu, will feature Luke Sobota, Partner at Three Crowns, and Brian King, Partner at Freshfields Bruckhaus Deringer. Hiroko Yamamoto, 2L and the incoming President of HIALSA, will provide an introduction of the topic and the relevant caselaw.

Brian will take the affirmative position: under the New York Convention, enforcing courts “must” refuse recognition and enforcement of an award if it has been set aside by the courts in the seat of arbitration. Luke will take the negative position: under the NY Convention enforcing courts “may” refuse recognition and enforcement of an award if it has been set aside by the courts in the seat of arbitration, but are not required to do so.

Lunch will be served!