Defences to enforcement of an arbitral award in the USA under the New York Convention

Produced in partnership with Timothy Tyler of Vinson & Elkins LLP , Robert Reyes Landicho of Vinson & Elkins LLP , Rafic Bittar of Vinson & Elkins LLP and Andreina Escobar of Vinson & Elkins LLP

Practice notes

Defences to enforcement of an arbitral award in the USA under the New York Convention

Produced in partnership with Timothy Tyler of Vinson & Elkins LLP , Robert Reyes Landicho of Vinson & Elkins LLP , Rafic Bittar of Vinson & Elkins LLP and Andreina Escobar of Vinson & Elkins LLP

Practice notes

This Practice Note focuses on the defences to Enforcement of arbitral awards in the United States of America (USA or US) under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed 10 June 1958 (the New York Convention). Practice Note: Enforcing a New York Convention award in the USA, considers the enforcement of arbitral awards in the US, including the Requirements of the Federal Arbitration Act (FAA) (9 U.S.C.) and the New York Convention. Practice Notes: Enforcing international commercial arbitral awards in New York and Enforcing international arbitration awards in Washington, DC may also be useful.

For more information on the New York Convention generally, see Practice Note: The New York Convention—the recognition and enforcement of arbitral awards—an introduction.

Note: All references to US case law in this Practice Note are not reported by LexisNexis®.

Defences

Timothy Tyler

Counsel, Vinson & Elkins LLP

Tim's 15-year litigation practice emphasises both international commercial and investor-state arbitration and U.S. litigation with a non-U.S. element. His work involving contracts with state parties has a strong focus on the oil and gas industry. In practice, he regularly advises on and drafts international arbitration clauses in contracts as well as structuring transactions to gain investment treaty protection. He has been involved in ad hoc arbitrations under the UNCITRAL Rules, as well as institutional arbitrations under the rules of ICC, ICDR, ICSID, AAA, Singapore International Arbitration Centre and Cairo Regional International Arbitration Centre. In these and other proceedings, his international work encompasses particular experience with clients in Canada, Mexico, the Commonwealth of Independent States, the Middle East, and Europe. Tim has taught international commercial and investor-state arbitration at The University of Texas School of Law, where he has served as an adjunct professor. Tim is currently director of the international arbitration section of The University of Texas School of Law Center on Global Energy, International Arbitration, and the Environment.

Robert Reyes Landicho

Counsel, Vinson & Elkins LLP

Robert's principal area of practice is complex commercial litigation. He was Development Editor of the Berkeley Business Law Review, Clinic Director of the Iraqi Refugee Assistance Project and winner of the Jurisprudence Award for Appellate Advocacy and the Prosser Prize for European Union Law. He was admitted to practice in Texas in 2013. He is proficient in Arabic and French.

Rafic Bittar

Senior Associate, Vinson & Elkins LLP

Rafic’s principal area of practice is complex commercial litigation. While he initially focused on international arbitration (both commercial arbitration and investor-state), he now has expanded his practice to also include a wide variety of litigation matters in federal and state courts, domestic arbitration matters (in addition to international arbitration), pre-litigation disputes, and internal investigations. Rafic’s experience in the field of arbitration includes representing clients in front of AAA, ICSID, ICC, and LCIA panels.

Andreina Escobar

Associate, Vinson & Elkins LLP

Andreina’s principal area of practice is complex commercial litigation.

Jurisdiction(s):

United Kingdom

Key definition:

Enforcement definition

What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

Defences to enforcement of an arbitral award in the USA under the New York Convention

Produced in partnership with Timothy Tyler of Vinson & Elkins LLP , Robert Reyes Landicho of Vinson & Elkins LLP , Rafic Bittar of Vinson & Elkins LLP and Andreina Escobar of Vinson & Elkins LLP