14 Enforcing Awards Involving Foreign Sovereigns
Brian King, Alexander Yanos
Edited By: James H. Carter, John Fellas
- Jurisdiction — Arbitrators — Recognition and enforcement — Forum non conveniens — New York Convention on Enforcement of Judgments
This chapter outlines the unique differences in arbitrations involving sovereigns, as opposed to those involving private individuals, in particular discussing the strategies employed by counsel to address these differences. The chapter shows how private parties seek to insert certain provisions in the arbitration agreement to facilitate enforcement of an eventual award. At the time a dispute arises, private parties go to the New York courts to attempt to attach sovereign assets, and litigants also look to their arbitral tribunal for interim measures. After the award has been rendered, private parties attempt to attach sovereign assets before the relevant award is recognized by the New York courts. After recognition of the applicable award, private parties would then seek to identify attachable commercial assets and seize them.