Enforcement
Arbitration | Post-AwardWe enforce arbitral awards under the New York Convention and other frameworks, pursuing recognition and enforcement in courts worldwide while defending against enforcement of adverse awards.
Overview
Securing Award Recognition and Enforcement
Arbitral awards require enforcement to deliver value. MC Law's Enforcement practice helps award creditors obtain recognition and enforcement of awards in courts worldwide while defending award debtors against improper enforcement.
New York Convention Enforcement
The New York Convention provides the primary framework for international award enforcement. We pursue recognition and enforcement in Convention signatory states, understanding local procedural requirements and judicial attitudes.
Domestic Enforcement Domestic awards require confirmation and enforcement. We pursue confirmation under the Federal Arbitration Act and state arbitration statutes. We convert awards to judgments and pursue collection. Enforcement Defense We defend against award enforcement when grounds exist. We develop defenses under New York Convention Article V including procedural irregularity, excess of authority, and public policy. Asset Identification Successful enforcement requires locating assets. We work with investigators and local counsel to identify assets available for satisfaction of awards. Multi-Jurisdictional Coordination Complex enforcement may require proceedings in multiple jurisdictions. We coordinate enforcement efforts across countries, managing parallel proceedings strategically. Sovereign Immunity Enforcement against states raises sovereign immunity issues. We navigate immunity defenses and identify assets available for enforcement against sovereign award debtors.Our Services
international_arbitration
Federal registration and validity opinions
arbitral_awards_challenges
Federal registration and validity opinions
litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Awards are enforced under the New York Convention, which requires courts in contracting states to recognize and enforce foreign arbitral awards subject to limited grounds for refusal. Enforcement proceedings are typically initiated in courts where the losing party has assets.
The New York Convention provides limited grounds including invalid arbitration agreement, lack of proper notice, excess of arbitrator authority, improper tribunal composition, award not yet binding or set aside, non-arbitrable subject matter, and public policy violation.
This is debated. Some jurisdictions, notably France, may enforce awards annulled at the seat. However, most courts give significant weight to annulment decisions, making enforcement after set-aside difficult in practice.
Enforcement timelines vary significantly by jurisdiction. In arbitration-friendly jurisdictions, enforcement may take a few months, while others may take years, particularly if the losing party raises challenges. Asset identification and collection add additional time.
Enforcement can target bank accounts, real property, equipment, receivables, and other assets of the award debtor. Sovereign immunity may protect state assets in investment arbitration. Asset tracing and preservation measures are often critical to successful enforcement.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
