Executive summary
We have previously discussed whether a successful party in an
arbitration that may have been seated outside of the United States
should consider enforcing that award against the award debtor or
even a thirdparty who did not participate in the arbitration in US
courts. A key consideration is whether the targets have assets in
the United States that may be used to satisfy the unpaid arbitral
award.
Confirming a foreign arbitral award as a judgment in US federal
courts gives award creditors access to the powers in the Federal
Rules of Civil Procedure to execute the judgment. In particular, a
confirmed award gives creditors access to two powerful enforcement
tools: writs of execution and discovery.
