Enforcing international arbitration awards in Washington, DC
Produced in partnership with Giulia Previti of Freshfields Bruckhaus Deringer US LLP

The following Arbitration practice note produced in partnership with Giulia Previti of Freshfields Bruckhaus Deringer US LLP provides comprehensive and up to date legal information covering:

  • Enforcing international arbitration awards in Washington, DC
  • An introduction to the enforcement of arbitral awards in Washington, DC
  • Enforcement of international arbitration awards
  • Enforcement of international arbitration awards pursuant to Article V of the New York Convention
  • Vacating or modifying international arbitration awards under the FAA
  • Personal jurisdiction and the FSIA
  • Parallel proceedings and stay of enforcement
  • Stay of enforcement and security
  • Discontinuing enforcement proceedings
  • Execution following enforcement
  • More...

Enforcing international arbitration awards in Washington, DC

An introduction to the enforcement of arbitral awards in Washington, DC

Parties to international arbitrations often choose Washington, DC, United States of America (USA or the US) as the seat of their proceedings. It has the advantage of being located in a jurisdiction, the US, which offers an arbitration-friendly legal regime and is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). In particular, the United States Federal Arbitration Act (FAA) establishes a ‘federal policy favoring arbitration’ and provides for restrained review of arbitral awards (Shearson/Am Exp, Inc v McMahon, 482 US 220, 226 (1987); AT&T Mobility LLC v Concepcion, 563 US 333, 345 (2011) (‘our cases place it beyond dispute that the FAA was designed to promote arbitration’)).

In addition, Washington, DC is often the seat of investment arbitrations. Investment arbitration concerns the resolution of disputes between foreign investors and host States. An investor’s right to pursue an investment arbitration claim against a sovereign or sovereign entity is generally provided for in a bilateral or multilateral investment treaty (BIT or MIT). For example, according to the 2017 World Investment Report issued by the United Nations Conference on Trade and Development (UNCTAD), there were 3,324 known BITs or MITs in force at the end of 2016. These international legal instruments contain

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