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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

The Pemex case: the Ghost of Chromalloy Past?

  • Article Summary: Author Lorraine M. Brennan analyzes a decision by a U.S. district court enforcing an ICC arbitral award in the Pemex case despite its annulment by Mexican courts. The article compares this ruling to the seminal 1996 Chromalloy decision, examining public policy grounds and fundamental fairness when state courts set aside awards retroactively. Brennan highlights how the court protected the award against retroactive legal changes while noting that enforcement of vacated awards remains a rare exception.
  • Kluwer Arbitration Blog

The author recalls that the international arbitration community sat up and took notice when a recent decision issued by Judge Alvin K. Hellerstein from the Southern District of New York in the Pemex case ordered that an arbitration award that had been set aside by the Mexican courts could be enforced in the United States. The case was particularly noteworthy because there is only one other reported case in the United States— Chromalloy from 1996—which ordered the same result, albeit for different legal reasons. While the court in Pemex did not rely on the specific reasoning in Chromalloy, it did remark that Chromalloy remains alive. The author concludes that this case will unlikely open the floodgates in the United States to enforcement of awards that have been set aside abroad. The facts in this case distinguish it from many of its predecessors. Nevertheless, it would be difficult to fathom how the court could or should have reached a different result under these circumstances. And it also gives a nod to a case that many thought had been dismissed as an outlier, and reminds us that parties remain captive to the courts at the seat of arbitration when it comes to nullification of international arbitration awards.