§ 1 Scope Note
After fighting a costly battle before a distinguished arbitral tribunal operating under the auspices of a leading international arbitration institution, you receive the arbitration award. Good news: your client has been awarded a substantial sum in damages! But when you reach out to your opposing party to arrange to collect, she tells you, however politely, to get lost.
Or perhaps you sued a corporation in a court in its home jurisdiction, outside the United States. You served the corporation with process through time-consuming channels and otherwise complied with the jurisdiction’s procedural requirements, and after seemingly interminable delays you actually obtain a judgment in your favor. But nobody at the defendant company returns the emails and voice mail messages in which you inquire about the logistics of a money transfer.
In international disputes, winning a favorable award or judgment may merely close a chapter in the dispute resolution process. If the losing party does not comply voluntarily, you will depend on the courts in the country where the opposing party resides or has significant assets to convert a favorable ruling into cash. This guide provides a practical overview of the enforcement of foreign arbitral awards and court judgments in the United States. It discusses the law governing the enforcement process, the procedures that must be followed, potential defenses against enforcement, and issues that may arise in enforcing orders or awards providing for preliminary relief or interim measures.