Why the Convention matters
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, usually called the New York Convention, is a treaty joined by most of the world's trading nations. It requires member courts to recognize written arbitration agreements and to enforce awards made in other member countries, with only narrow grounds for refusal. In the United States it is implemented through the Federal Arbitration Act, and cases falling under it can generally be heard in federal court. The Convention can also reach awards made in the United States when a foreign party or foreign element is involved. That reach is one reason international contracts so often choose arbitration over litigation.
Enforcing or resisting an award
A party seeking enforcement usually files a petition to confirm the award, attaching the award and the arbitration agreement, with certified translations where needed. There is a time limit for seeking confirmation, so an award should not sit unused while the parties negotiate. The losing side may oppose enforcement, but U.S. courts generally do not reconsider the merits; the available defenses address problems such as a tribunal acting beyond its authority or a conflict with U.S. public policy, and courts read them narrowly. Efforts to set aside an award usually belong in the courts of the country where the arbitration was seated. Whether the respondent has assets in the United States often decides whether enforcement here is worth pursuing.
What to bring to a first review
Bring the contract with its arbitration clause, the award and any separate rulings, the procedural history, and anything you know about where the other side holds assets. If you are still negotiating a contract, bring the draft clause, since the choice of seat, rules, and language affects how easy an award will be to enforce. We look at whether the award falls under the Convention, whether a parallel set-aside proceeding is pending abroad, and whether the counterparty is a state-owned entity, which brings sovereign immunity questions. From there we discuss timing, the likely objections, and how a judgment, once entered, would be collected.
