An award you can't collect
An arbitration award is worth what you can collect. Find the assets and a court that will enforce before you ever file the demand.
An arbitration award is worth what you can collect. Find the assets and a court that will enforce before you ever file the demand.
An arbitration award does not pay itself. If the losing party refuses, you must go to a court where it has assets and ask that court to recognize and enforce the award.
Most countries enforce foreign awards under the New York Convention, but the practical difficulty is rarely legal. It is finding assets, reaching them, and getting there before they move.
That is why collection belongs at the start of the case. Before the demand is served, we ask where the respondent keeps its money and whether a court there will cooperate.
Questions to ask before filing
- Where are the assets?Bank accounts, receivables, property and shareholdings, by country.
- Will that court enforce?Convention status, local practice, and how long recognition takes.
- Can they move first?Whether interim relief is needed to hold assets in place during the case.
What we do after the award
We file to confirm the award under the Federal Arbitration Act, pursue discovery in aid of execution, and coordinate recognition abroad through local counsel.
One partner stays accountable for the whole sequence, from the demand to the last dollar collected.
Countries that have joined the New York Convention on enforcing foreign awards.
Plan how you will get paid before you plan how you will win.
Questions clients ask
How long does confirmation take?
In federal court, an unopposed petition can be decided in weeks. Contested petitions take longer.
Can an award be challenged?
Only on narrow grounds, such as serious procedural unfairness. Courts do not rehear the merits.
Treat this note as background only. Your own facts decide the right answer, and a short call is the way to test them.
