@article{ART001394470},
author={Kim, Yong Eui},
title={The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2009},
number={45},
pages={387-409}
TY - JOUR
AU - Kim, Yong Eui
TI - The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts
JO - DONG-A LAW REVIEW
PY - 2009
VL - null
IS - 45
PB - The Institute for Legal Studies Dong-A University
SP - 387
EP - 409
SN - 1225-3405
AB - As the volume of international commercial transactions is increasing, the
number of disputes arising therefrom is increasing as well. Nowadays the
commercial arbitration is very popular means of resolution of such disputes
due to the international trend favoring it. One of the main reasons is the
UN Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (“New York Convention”) upon which the courts of a signatory
country such as the US or Korea are bound to enforce foreign arbitration
awards. However the Convention also permits the courts to deny the
enforcement if enforcement would violate the public policy of their country.
This treatise tried to find principles and general attitudes of the US
courts in dealing with the claims against the enforcement of foreign
arbitral awards based upon the violation of the public policy. The author
found such things and summarized the same with five subject titles
including “Pro-enforcement policy” after analyzing 70 cases of the US
courts including the US Supreme Court. This treatise also compared as
much relevant as possible the practices of the Korean courts with those of
the US courts and the statutes of the two countries in terms of the
recognition and enforcement of foreign arbitral awards. Through the
knowledge and understanding of the US courts’ holdings as to the subject
of this treatise, the scholars and practitioners can get the empirical idea
about the subject area. Since the US business entities are the predominant
participants in the globalized commerce who are therefore the majority
parties to the international arbitrations, their action to enforce the awards
and the US courts experience in dealing with such enforcement will be of
good help to the Korean courts, practitioners and scholars.
KW - Convention on the Recognition and Enforcement of Foreign
Arbitral Award. Public policy. New York Convention;Federal
Arbitration Act;Arbitration;International Arbitration;
Resisting the enforcement of arbitral award;Arbitrator;
Setting aside arbitration award;Ground of interest or bias of
arbitrators;Construction and Application of United Nations
Convention on the Recognition and Enforcement of Foreign
Arbitral Award
DO -
UR -
ER -
Kim, Yong Eui. (2009). The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts. DONG-A LAW REVIEW, 45, 387-409.
Kim, Yong Eui. 2009, "The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts", DONG-A LAW REVIEW, no.45, pp.387-409.
Kim, Yong Eui "The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts" DONG-A LAW REVIEW 45 pp.387-409 (2009) : 387.
Kim, Yong Eui. The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts. 2009; 45 : 387-409.
Kim, Yong Eui. "The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts" DONG-A LAW REVIEW no.45(2009) : 387-409.
Kim, Yong Eui. The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts. DONG-A LAW REVIEW, 45, 387-409.
Kim, Yong Eui. The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts. DONG-A LAW REVIEW. 2009; 45 387-409.
Kim, Yong Eui. The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts. 2009; 45 : 387-409.
Kim, Yong Eui. "The Recognition and Enforcement of Foreign Arbitral Awards in the Cases of the U.S. Courts" DONG-A LAW REVIEW no.45(2009) : 387-409.
