Arbitration and Judgment Enforcement (Foreign and Domestic)
Enforcing arbitral awards and court judgments often requires navigating overlapping procedural, jurisdictional, and asset-tracing challenges. As debtors employ increasingly sophisticated methods to delay or evade collection, effective enforcement depends on early strategic decisions and careful coordination across forums. ArentFox Schiff works alongside award creditors and judgment creditors to pursue recovery through U.S. courts, with a focus on translating legal rights into practical results.
What We Do
We represent award creditors and judgment creditors in recognizing and confirming foreign arbitral awards in US courts, confirming domestic arbitration awards, enforcing US and foreign court judgments against US assets, and supervising execution. We oversee the lifecycle from confirmation or domestication through post-judgment discovery, asset tracing, and recovery.
Throughout this process, we address judgment-evasion tactics where supported by the facts and governing law, with the objective of converting arbitral awards and court judgments from orders on paper into recoveries.
Our Approach
Recognition, Confirmation, and Enforcement Strategy
Working closely with clients from the outset, we pursue recognition or confirmation of foreign arbitral awards in US courts under the statutory framework implementing the New York Convention and the Federal Arbitration Act. This includes preparing the record, establishing jurisdiction and service, and briefing and arguing defenses commonly raised at the confirmation stage, such as due process, arbitrability, and public policy.
Domestic arbitration awards can be confirmed under the Federal Arbitration Act, permitting similar enforcement and collection where appropriate.
Judgment Enforcement and Asset Recovery
After confirmation and recognition, we pursue collection against US assets. Depending on the circumstances, this may involve post-judgment discovery, third-party subpoenas, and turnover mechanisms aimed at bank accounts, receivables, and assets held through affiliates or trusts.
Where supported by the facts and applicable law, we pursue alter-ego, veil-piercing, and fraudulent transfer claims to address structures used to evade collection, consistent with the venue of enforcement and location of assets.
International Awards with a US Asset Focus
We can handle enforcement of awards seated and administered across multiple jurisdictions, including awards issued under SIAC, CIETAC, ICC, LCIA, SHAC / SHIAC, and HKIAC rules, where recoverable assets are located in the United States. We tailor venue selection and discovery plans to the award or judgment, the debtor’s structure, and the location of assets, coordinating with local counsel as appropriate.
Why Clients Choose ArentFox Schiff
Clients choose us because our approach to award and judgment enforcement emphasizes collaboration, procedural discipline, and economic realism, including:
- Working alongside client teams to assess enforcement options early and sequence steps strategically
- Integrating courtroom advocacy with investigative methods to identify and pursue recoverable US assets
- Developing fact-driven strategies to address judgment-evasion tactics under the applicable legal framework
- Providing plain-English assessments that align enforcement decisions with timing, cost, and recovery considerations
Frequently Asked Questions
Do I need a US court order to enforce a foreign arbitral award against US assets?
Yes. A foreign arbitral award must be recognized or confirmed by a US court—typically a federal district court—before collection against US assets can proceed.
How long does confirmation and collection usually take?
Timing varies based on venue, defenses, and asset location. Uncontested confirmations may be obtained relatively quickly, while contested matters and asset recovery typically take longer. We provide an early assessment keyed to the award or judgment and the debtor’s profile.
What substantive defenses do award debtors typically raise?
Common defenses include due process challenges, arbitrability objections, and public policy arguments under the applicable convention or statute. We address these arguments at the recognition or confirmation stage with a record-driven approach.
How do you find and recover assets?
We use post-judgment discovery and third-party subpoenas to map asset structures and transactions and pursue alter-ego, veil-piercing, and fraudulent transfer claims where the facts support them. We then seek relief designed to compel turnover and delivery of assets or receivables, working with other professionals as appropriate.
