Koehler – the New York Court Highlights Enforcement Opportunities Over Worldwide Assets
Publication Date: December 18, 2009
New York's Highest Court has recently reminded judgment debtors just how far its jurisdiction and powers of enforcement can stretch. While the decision in Koehler v Bank of Bermuda Ltd is not groundbreaking, and in fact cites long established New York precedent, it is the first decision of its kind by the New York Court of Appeals. Therefore, while the decision may have attracted more coverage than the 4–3 Court of Appeals majority anticipated, the legal position has remained unchanged for some time now and therefore we do not believe that this area of the law will be subject to substantial change in the near future. This is good news for those considering enforcement in the United States, regardless of whether you have a judgment or an arbitration award and indeed regardless of where in the world your judgment/award was rendered!
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