Second, more significantly, assuming this Court has jurisdiction, the decision whether to confirm the Awards would require consideration of whether the Awards have been set aside by the courts of The Hague, which has the primary jurisdiction. Although the FAA and New York Convention "afford the district court little discretion in refusing or deferring enforcement of foreign arbitral awards," they expressly contemplate refusal for awards that have been set aside. Belize I
, 668 F.3d at 727; see
N.Y. Convention, art. V(1)(e). As it stands, the Awards have been set aside, and thus this Court may be obligated to decline to confirm the Awards, even though the Court of Appeal of The Hague could reinstate them. See TermoRio II.
, 487 F.3d at 936 ("[A]n arbitration award does not exist to be enforced in other [parties to the New York Convention] if it has been lawfully
'set aside' by a competent authority in the State in which the award was made." (emphasis added)); Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara,
500 F.3d 111, 124 (2d Cir. 2007) ("Under the Convention, a jurisdiction may decline to enforce a foreign arbitral award if it has 'been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.'" (quoting N.Y. Convention art. V(1)(e))); Corporación Mexicana de Mantenimiento Integral. S. de R.L. de C.V. v. Pemex Exploración y Producción (Corporación Mexicana)
, No. 10-4656-cv, 2012 WL 9346475, at *1 (2d Cir. Feb. 16, 2012) (remanding case to "the District Court to address in the first instance whether enforcement of the award should be denied because it 'has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made'" (quoting New York Convention, art. V(1)(e))
, 2016 WL 4191540, at *11 ("[T]he Court is mindful that if respondent is successful in the set-aside proceeding, confirmation of the award will be unlikely."); In re Arb. of Certain Controversies Between Getma Int'l & Republic of Guinea
, No. 14-1616 (RBW), 2016 WL 3211808 (D.D.C. June 9, 2016) (declining to enforce foreign arbitration award where it had been set aside by a court of competent authority); cf. Termorio S.A. E.S.P. v. Electrificadora Del Atlantico S.A. E.S.P
. (Termorio I)
, 421 F. Supp. 2d 87, 93 (D.D.C. 2006) ("[T]he New York Convention (codified in U.S. law) provides that recognition of a foreign award may
be refused if it has been nullified by a foreign court. ...
To establish a rule that a U.S. court must
dismiss a case because a foreign court nullified an arbitral award would violate the New York Convention provision," noting that otherwise "foreign judgments obtained fraudulently, for example, would be unremediable in U.S. courts." (emphasis in original)), aff'd sub nom. TermoRio S.A. E.S.P. v. Electranta S.P. (TermoRio II),
487 F.3d 928 (D.C. Cir. 2007).