The ability to globally enforce arbitral awards is a key reason why international businesses increasingly select international arbitration as their dispute resolution method of choice. Our international arbitration lawyers can help you at any stage of the dispute lifecycle, from advice on the effective use and drafting of arbitration clauses, including choice of forum, seat and arbitral institution, to enforcement of awards and subsequent collection.
Dispute lifecycle – Our advice covers all aspects of enforcement strategy, including enforcement-friendly contract drafting, asset-focused discovery and analysis, recognition and enforcement proceedings, and ultimate award satisfaction. We can also advise you if you are seeking to resist or defend enforcement proceedings, including guidance on strategic steps that can be taken to prevent or eliminate the risks of asset disclosure and seizure in contested cases.
Global services, multi-jurisdictional focus – With more than 1,000 disputes lawyers in the United States, Europe, the Middle East and Asia, we can seamlessly manage the award enforcement process across multiple jurisdictions and guide you through arbitration and the award enforcement process in all countries around the world.
Mitigating uncertainty – Obtaining early legal advice at the pre-contractual stage can help prevent subsequent enforcement and collection problems by pre-empting issues and taking steps to reduce uncertainties or ambiguities in contracts.
Tailored advice – We draw on our significant industry-specific experience and our understanding of your commercial goals to prepare tailored and pragmatic advice that is necessary and appropriate in the context. Our team can provide holistic enforcement solutions in the following areas and beyond:
- Seat selection
- Confession of judgment clauses
- Freezing orders and Mareva injunctions
- Search orders
- Pre- and post-award discovery
- Section 1782 discovery
- Asset tracing
- Forensic investigations
- Attachment and lien proceedings
- Asset and collateral seizure
- Clawback actions
- Alter ego, successor, and nominee liability
- Secrecy and avoidance havens
- Regulatory coordination
- Offshore investment jurisdictions
- Voluntary and involuntary winding-up proceedings
We also advise clients investing in foreign jurisdictions on investment structuring to ensure treaty protection, access to arbitration through properly structured contractual arbitration clauses, and post-award issues of enforcement and collection.
Our lawyers routinely provide thought leadership on enforcement and collection issues, including contributing to the chapter “Awards: Early Stage Consideration of Enforcement Issues” in Global Arbitration Review’s recent "The Guide to Challenging and Enforcing Arbitration Awards."
