This Article is the first ever to analyze a direct clash between the inherent power of US courts regarding the enforcement of judgments and the obligations of the United States as one of the 163 member countries of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States, commonly known as the “ICSID Convention.” The ICSID Convention includes a self-enforcement mechanism whereby the courts of the member countries are obligated to enforce the pecuniary obligations in multimillion (and sometimes over one billion) dollar ICSID arbitration awards as though they were court judgments of the domestic courts of that state, which includes domestic procedures for recognition and enforcement of domestic court judgments. Neither Congress nor the United States Supreme Court has addressed or resolved conflicts between US domestic law regarding enforcing court judgments and US.
Victoria Shannon Sahani