Enforcement of an International Arbitration Award in a Non-New York Convention Country
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You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the award-debtor’s assets are all held in or have been moved to a country that is not a party to the New York Convention. Now what?
Enforcing a U.S.-sited international arbitral award in a foreign country is ordinarily far easier than enforcing a U.S. judgment abroad due to the adoption in 1959 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly referred to as the “New York Convention”). With 156 countries ratifying the New York Convention, this expedient mechanism for enforcement of international arbitral awards is available throughout much of the world.
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