Enforcing Arbitral Awards: Success Lies In The Strategy

Law360, New York (April 14, 2016, 6:17 PM EDT) -- Jef Klazen

Marcus J. Green

Timothy P. de Swardt A major advantage of arbitration over litigation is that arbitral awards are typically easier to enforce across national borders than court orders. This is because the New York Convention provides a uniform set of criteria in the 156 ratifying countries for determining whether a foreign arbitral award should be given the force of a domestic judgment, as contrasted with the international patchwork of laws and treaties that apply to the recognition and enforcement of foreign court judgments.

However, for a claimant or award creditor, this advantage should not lead to complacency. Failure...

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