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This chapter addresses the enforcement of agreements to arbitrate, the question of what one party to an international contract should do when the other fails to comply with its agreement to arbitrate. It addresses three basic issues. The first is whether one party can proceed with the arbitration and obtain an enforceable award even if the other party fails to participate in the arbitration. Secondly, the chapter inquires as to whether one party can seek the intervention of the courts to enforce its agreement to arbitrate in the event that the other party to the arbitration agreement refuses to arbitrate or commences litigation notwithstanding its agreement to arbitrate. Finally, the chapter looks into whether one party can obtain damages against the party that has breached its obligation to arbitrate.

This introductory chapter presents New York City as the leading venue for international commercial arbitration in the United States. It estimates that at least one-third of all significant international commercial arbitrations in the United States take place within the city. New York’s role as a financial and legal capital leads to the choice of New York governing law for many commercial documents, often resulting in a choice of New York as the venue for any disputes arising from those documents. The city’s leading position in international commercial arbitration also derives from the fact that a number of leading arbitration institutions are based in New York. The local court system strongly supports international arbitration; and the community of supporting organizations, such as the New York International Arbitration Center, bar associations, universities, and others is quite strong.

This chapter evaluates the merits of the United States as a venue for international arbitration proceedings. It discusses the history and development of arbitration in the United States; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the United States — and New York, Florida, and Texas, in particular — offers a favorable venue for international arbitration. The Federal Arbitration Act offers a simple, yet effective, framework for the enforcement of arbitration agreements and arbitral awards. US courts will act to further the strong federal policy in favor of arbitration by strictly enforcing arbitration agreements and awards, while at the same time minimizing judicial interference into the arbitral process. In addition to enjoying legislative and judicial support, parties to international arbitration can find the institutional support they need from experienced arbitral institutions that offer well developed arbitral rules.