MoloLamken’s Robert Kry examines the state of the law governing enforcement of arbitral awards in the US
The US finds itself in a complicated relationship with international arbitration. The institution has deep roots in this country – the US remains, after all, the home of the International Centre for Settlement of Investment Disputes (ICSID) and the cradle of the New York Convention, the treaty that underpins most enforcement of arbitral awards around the globe. But as the political climate veers in a more nationalist direction, detractors are having their day, as seen most prominently in the debates over whether to eliminate investor-state dispute settlement from the North American Free Trade Agreement. While the US remains a generally hospitable place to enforce foreign arbitral awards, the current environment makes it all the more important to litigate such matters with care and judgment.
