The Stay As A Challenge To Enforcing Int'l Arbitral Award

Law360, New York (September 12, 2012, 12:44 PM EDT) -- Very often, after a party has prevailed in an international arbitration, it still faces the challenge of enforcing the award. This is particularly true in international arbitration, where parties appear to be moving to nullify (i.e., “set aside”) awards as a matter of course. Set-aside actions must be filed in the courts of the situs of the arbitration, which for U.S. parties are often foreign courts. The danger is that foreign courts may favor the foreign party and apply “hometown” justice. As a result, it is important for U.S. parties to protect themselves by enforcing the award in a U.S. court,...

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