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Second Circuit Rejects
Parte Enforcement of ICSID Awards Against Foreign States
21 July 2017
View Client Update
The United States Court of Appeals for the Second Circuit recently held that award-creditors must provide notice to foreign states in order to enforce ICSID awards.
The decision does not detract from the general pro-international arbitration stance of U.S. courts, as federal courts are still required to treat ICSID awards as final and binding judgments.
However, the decision creates procedural hurdles and potential delay in enforcing ICSID awards against foreign states and state instrumentalities.
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Donald Francis Donovan
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