As the Court there explained in the course of upholding the Part One court's conversion of the ICSID panel's Award into a federal judgment based on Mobil's ex parte
petition, the ICSID panel acted pursuant to authority granted by an international treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("the ICSID Convention"), see
17 U.S.T. 1270, T.I.A.S. No. 6090, whose terms in turn Congress adopted in 1966 when it passed an enabling statute, 22 U.S.C. § 1650a. See Mobil,
2015 WL 631409, at *3-5. As the Court further explained, under the treaty and the statute, courts of the United States, a contracting state, are required to recognize all aspects of awards issued by ICSID arbitral panels, and have no charter to undertake any substantive review of such awards. Id.
at *4. Such courts are further obliged to enforce the pecuniary obligations of these awards, although not other obligations such as specific performance. Id.
at *19-20. As the Court noted, under Article 54 of the ICSID Convention
and under the enabling statute, domestic courts' recognition of ICSID awards is mechanistic and effectively automatic. See, e.g., id.
at *10 ("Beyond confirming that the ostensible award did in fact issue from ICSID, a court presented with an application for recognition is not empowered to re-assess the merits of the award—it does not sit as a court of appeals and is not empowered to undertake substantive review. The only venue in which a party can challenge the merits of such an award is ICSID itself." (citing ICSID Convention art. 53
at *4 ("National courts thus lack the power to set aside or modify ICSID awards."). The legal regime governing recognition of ICSID awards thus differs markedly from that governing other international arbitral awards, such as those issued pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("the New York Convention") and its enabling statute, chapter 2 of the Federal Arbitration Act (the "FAA"), which provide for limited substantive review of arbitral awards. See Mobil,
2015 WL 631409, at *18-22.1