About this book:
Enforcement of Foreign Arbitral Awards and Judgments in New York, more thoroughly than any other source, shows practitioners how to navigate the enforcement landscape in New York. A favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it, and this book provides an in-depth analysis of all aspects of enforcement and execution, covering U.S. civil procedure, statutes, and case law on enforcement of foreign arbitral awards and judgments, the nuances of the New York courts’ interpretations of the New York and Panama Conventions on arbitral award enforcement, and the practicalities of ultimately obtaining payment on a foreign award or judgment. New York is a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book.
What’s in this book:
Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following:
- review of the fundamentals of U.S. practice and procedure for non–New York practitioners;
- easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement;
- up-to-date, clear presentation of the relevant case law, including key state and federal decisions;
- explanation of how state and federal laws intersect with international law;
- review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and
- comprehensive advice on the practicalities of executing a judgment.
- In a broader sense, this book aims to become the go-to resource for creditors and debtors (and their counsel) contemplating potential enforcement proceedings in New York—a key global enforcement jurisdiction.
How this will help you:
Given the critical role, New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding of both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.
|Publish Frequency||As Needed|
|Product Line||Kluwer Law International|
Introduction to Legal Framework
Andreas A. Frischknecht & Stephanie Sado
Basics of New York Procedure
Introduction to the Recognition of Foreign Country Money Judgments
Procedure for Recognition of Foreign Country Money Judgments in New York
Creditor’s Burden to Establish Existence of Qualifying Foreign Country Money Judgment
Barriers to Recognition
Recognition of Other Types of Judgments
Basic Principles Governing Recognition and Enforcement of Foreign Arbitral Awards in the United States and New York
Substantive Barriers to Recognition and Enforcement of Foreign Awards under Article V(1) of New York and Panama Conventions
Substantive Barriers to Recognition and Enforcement of Foreign Awards under Article V(2) of New York and Panama Conventions
Vacatur and Modification or Correction of Convention Awards
Procedural Barriers to Recognition and Enforcement and Vacatur
Procedure for Recognition and Enforcement and Vacatur of Arbitral Awards in New York
Other Issues in Enforcement Proceedings
Other Pre-recognition Relief
Special Considerations with Respect to Recognition and Enforcement of Foreign Arbitral Awards and Judgments Against Sovereigns