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Enforcing International Arbitral Awards in U.S. Courts
Over the past 50 years, with the quickening pace of economic globalization and an ever-greater share of U.S. businesses participating in cross-border transactions, there has been a parallel explosion of international commercial litigation. International legal systems for resolving disputes have been globalizing as well, and international arbitration has been leading the way ' for good reason. As an alternative to using the national courts of one of the litigants, international arbitration offers the promise of greater speed, flexibility, efficiency, predictability, and a neutral locale. And, international arbitration awards are often more easily enforced than a traditional court judgment.”
But how exactly does a U.S. litigant enforce an international arbitration award? Compared with enforcement of domestic arbitration awards, the answer can be relatively complex, and practitioners must evaluate additional factors, such as whether a state-owned company or state party is involved.
This article gives an overview of how to enforce an international arbitral award in the United States. It provides a guide to applicable treaties and explains special procedural considerations that should be taken into account. The article also explains what a party can expect in an enforcement proceeding, and discusses issues that may arise when enforcing such an award.
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