Enforcement

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ArbitrationPost-Award

Enforcement turns an arbitral award into real recovery, so we pursue recognition and enforcement of awards under the New York Convention and other regimes in courts worldwide, and defend you against enforcement of adverse awards.

An award is only as good as your ability to collect on it. Winning the arbitration is the first half of the job; converting that paper victory into payment is the second. We help award creditors obtain recognition and enforcement in courts around the world, and we defend award debtors against enforcement that is improper, premature, or vulnerable to a valid defense.

Enforcing Under the New York Convention

The New York Convention is the backbone of international award enforcement, binding well over a hundred signatory states to recognize and enforce foreign arbitral awards. We pursue enforcement in Convention jurisdictions, tailoring each application to local procedural requirements and the way courts there treat the limited grounds for refusal. Understanding judicial attitudes in the enforcement forum often matters as much as the text of the Convention itself.

Locating and Reaching Assets

Enforcement succeeds where the assets are, so we map your counterparty's holdings across jurisdictions and target enforcement where recovery is realistic. We coordinate asset tracing, attachment, and freezing relief, and we work with local counsel to execute against bank accounts, receivables, and other property. A judgment of recognition is the start; turning it into collected funds takes a deliberate, multi-jurisdiction plan.

Resisting Enforcement of Adverse Awards

When you are on the receiving end of an award, the same frameworks that enable enforcement provide narrow but real defenses. We raise the available grounds, including lack of a valid agreement, denial of due process, an award exceeding the scope of the submission, irregular tribunal composition, and public policy. We also assess set-aside proceedings at the seat and coordinate them with your defense in the enforcement forum.

Frequently asked questions

You enforce it under the New York Convention, which requires courts in member states to recognize and enforce foreign arbitral awards except on a few limited grounds. In practice, you start enforcement proceedings in the courts where the losing party holds assets you can reach.

The New York Convention lists limited grounds: the arbitration agreement was invalid, a party did not get proper notice, the tribunal exceeded its authority, the tribunal was improperly composed, the award is not yet binding or has been set aside, the subject matter is not arbitrable, or enforcement would violate public policy. These are read narrowly.

Sometimes, but it is contested. A few jurisdictions, notably France, may enforce an award even after it was annulled at the seat. Most courts, however, give real weight to a set-aside decision, so enforcing an annulled award is difficult in practice.

It varies widely by jurisdiction. In arbitration-friendly courts, enforcement can take a few months, while elsewhere it can drag on for years, especially if the losing party fights it. Tracking down and collecting against assets adds more time on top of that.

You can target bank accounts, real estate, equipment, receivables, and other assets the debtor owns. In investment arbitration, sovereign immunity may shield certain state assets. Because of all this, tracing assets and taking preservation measures early is often what makes the difference between a paper win and real recovery.

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