Abstract

Enforcing International Arbitral Awards in U.S. Courts

By Patricio Grané Labat, Csaba Rusznak, Sally Pei

English

When enforcing arbitral awards in the United States, parties face what may appear to be a bewildering body of relevant legal provisions and case law. This article guides the reader through the conditions that need to be met and the procedures that must be followed when seeking to enforce investment arbitration and international commercial arbitration awards through U.S. courts. It discusses U.S. case law on the subject and draws attention to divergent trends that have emerged on certain important issues. It also provides information on the remedies available to award creditors (including precautionary measures that can be taken ahead of execution), post-judgement discovery and execution against identified assets. The article identifies key features of the enforcement mechanisms and procedures under the state laws of New York, the District of Columbia, and Texas. The final part of the article discusses execution against assets of foreign sovereign States, the impact of sovereign immunity and the Foreign Sovereign Immunities Act (‘FSIA’), as well as the conditions that must be met for sovereign assets to be attachable in U.S. court proceedings. Covering both federal and state courts, the article seeks to provide guidance that the authors hope will be helpful to parties and counsel seeking to design and deploy an effective strategy for the enforcement of arbitral awards in the United States.