Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
Enforcement of awards
Are awards enforced in your jurisdiction? Under what procedure?
United States

Answer ... At least as to domestic arbitration awards and international arbitration awards rendered in the United States (non-domestic awards), the award must be “confirmed” before it can be enforced. The Federal Arbitration Act (FAA), which governs confirmation in federal courts, requires the filing of a petition to confirm along with certain supporting documents (eg, a copy of the agreement and a copy of the award) (9 USC §§ 9, 13). A petition to confirm a domestic award “may” be filed “at any time within one year after the award is made” (9 USC § 9). Notice of the petition must be filed on the adverse party (id). In CBF Industria de Gusa/S/A v AMCI Holdings, Inc, 850 F 3d 58 (2d Cir), cert denied, 138 S Ct 557 (2017), the Second Circuit held that, as to foreign arbitral awards rendered by tribunals seated outside the United States, there is no requirement to “confirm” the award in accordance with the procedures set forth in the FAA. Rather, the party wishing to enforce the award can bring a single action. The court explained that “confirmation”, as used in the FAA sections enabling the New York Convention, “is the equivalent of ‘recognition and enforcement’ as used in the New York Convention for the purposes of foreign arbitral awards” (id at 72). There is a split in the New York decisional law as to whether a party seeking to enforce a foreign judgment in New York courts must establish personal jurisdiction over the judgment debtor.

For more information about this answer please contact: Jonathan Landy from Williams & Connolly
International Arbitration