Several published decisions by U.S. federal and state courts have addressed SCC and Russian arbitration awards and proceedings. Some of these decisions, which came after the collapse of the Soviet Union in 1991, strongly suggest that a Russian arbitration award will be enforced against a U.S. party or citizen by a U.S. court. Moreover, the published decisions by U.S. courts lend support to the enforcement by a U.S. court of an arbitration award rendered by the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) against a U.S. party.
1. Policy of New York Convention Favors Enforcement
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, commonly called the “New York Convention,” was adopted with several reservations by the United States in 1970. The enabling legislation incorporated the New York Convention into Chapter Two of the United States Federal Arbitration Act, 9 U.S.C. §§ 201-208.