Giulia Previti

This Practice Note discusses the enforcement of international commercial arbitration awards in New York, United States of America under the Federal Arbitration Act and the New York Convention. It covers awards rendered both within the US and those made in foreign jurisdictions and covers grounds on which enforcement can be refused. The Practice Note also covers key aspects of enforcement in New York, including the requirement of personal jurisdiction and parallel vacatur.

This Practice Note addresses the procedures for the recognition and enforcement of international arbitration (arbitral) awards (including investment treaty awards) in Washington, DC, United States of America (USA or the US). This process may be referred to as: enforcing international arbitral awards in the DC Circuit; enforcing arbitral awards in or through the Washington courts; enforcing international arbitration awards in the District of Columbia; enforcement of foreign commercial awards in Washington; enforcing ICSID awards in Washington. The Practice Note covers: enforcement of international arbitration awards pursuant to Article V of the New York Convention; vacating or modifying international arbitration awards under the Federal Arbitration Act (FAA); personal jurisdiction and the Foreign Sovereign Immunities Act (FSIA); parallel proceedings and stay of enforcement; stay of enforcement and security; discontinuing enforcement proceedings; and, execution of awards following enforcement.

This Practice Note sets out the interim measures available from the New York Courts in support of arbitration and how to apply for such measures. It covers enforcing the agreement to arbitrate, interim relief in support of arbitration and interim measures to assist in preserving and obtaining evidence.