One of the ultimate objectives of a successful party engaged in international arbitration is to obtain a final and binding award that serves as a legally enforceable instrument that can be used to compel the other party to perform.

In practical terms, the mechanism by which an award can be used to compel compliance is through enforcement proceedings. These are often accompanied by requests for interim legal measures, such as the attachment of bank accounts or the sequestering of assets within a presiding court’s jurisdiction.

A party seeking to enforce an award will consider a myriad of factors. These include the location of opposing party assets and whether the seat of the arbitration and the state in which enforcement is sought are signatories to either the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the New York Convention) or another international instrument that facilitates the cross-border enforceability of a foreign award. Other important considerations include the nuances and history of a jurisdiction’s approach to award enforcement, as specific procedures and remedies can vary significantly between countries and legal systems. Additionally, the arbitral institution managing the proceedings is a crucial factor to consider, as it can enhance the perceived legitimacy of the process of the process and increase the likelihood of effective enforcement of an award.

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