Enforcing International Arbitral Awards In US Courts

The issuance of an arbitral award in favor of the claimant may not be the end of the road to redress. Obtaining recognition of, and attaching assets in aid of execution of an arbitral award in the United States can be a complex process involving multiple sets of statutes and procedural rules, particularly when the award debtor attempts to evade its obligations under the award by dissipating or divesting its assets. When the award debtor is a sovereign State, additional challenges arise. In cases in which the award debtor does not comply voluntarily with the tribunal's order to pay compensation, the award creditor will have to decide whether to commence recognition and enforcement proceedings and seek the attachment of assets of the award debtor to obtain satisfaction of the award. In any event, the award creditor should plan in advance a strategy for enforcement of the award, including the potential attachment of assets, even before the arbitral award has been