Outside Counsel

New York Vacates Arbitral Award With Manifest Disregard Doctrine

, New York Law Journal


Claudia Salomon writes: In 'Daesang v. The NutraSweet Co.' (May 2017), the New York State Supreme Court partially vacated a $100 million International Chamber of Commerce arbitral award on the grounds of manifest disregard of the law. The decision has strategic implications for how parties will invoke that doctrine when contesting future awards, and it could also potentially affect New York's reputation as a seat for the reliable enforcement of international arbitral awards, and as a venue with courts that respect and support this alternative dispute resolution process.

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