Narrow Exceptions: A Review of Recent U.S. Precedent Regarding the Due Process and Public Policy Defenses of the New York Convention - Journal of International Arbitration View Narrow Exceptions: A Review of Recent U.S. Precedent Regarding the Due Process and Public Policy Defenses of the New York Convention by Lucy F. Reed - Journal of International Arbitration Narrow Exceptions: A Review of Recent U.S. Precedent Regarding the Due Process and Public Policy Defenses of the New York Convention Lucy F. Reed 2008-12-01 25 6 https://kluwerlawonline.com/api/Product/CitationPDFURL?file=Journals\JOIA\JOIA2008052.pdf

U.S. law has been remarkably consistent in its policy of enforcing foreign arbitral awards under the regime established by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However U.S. courts, when interpreting the treaty, provide for a baseline of procedural fairness for the litigants. On the Convention’s fiftieth anniversary, this note summarizes the state of U.S. law regarding two exceptions to the enforcement of arbitral awards: the due process exception and the public policy exception. It concludes that U.S. courts interpret them narrowly, to police the parties’ bargain of arbitrating fairly and in good faith.

Journal of International Arbitration