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Enforcing International Arbitral Awards in U.S. Courts

By Stephen Safranski and Amy Slusser
April 26, 2013

Over the past 50 years, with the quickening pace of economic globalization and an ever-greater share of U.S. businesses participating in cross-border transactions, there has been a parallel explosion of international commercial litigation. International legal systems for resolving disputes have been globalizing as well, and international arbitration has been leading the way ' for good reason. As an alternative to using the national courts of one of the litigants, international arbitration offers the promise of greater speed, flexibility, efficiency, predictability, and a neutral locale. And, international arbitration awards are often more easily enforced than a traditional court judgment.”

But how exactly does a U.S. litigant enforce an international arbitration award? Compared with enforcement of domestic arbitration awards, the answer can be relatively complex, and practitioners must evaluate additional factors, such as whether a state-owned company or state party is involved.

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