Cover of Enforcement of Foreign Arbitral Awards and Judgments in New York

Enforcement of Foreign Arbitral Awards and Judgments in New York

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By: Andreas A. Frischknecht, Yasmine Lahlou, Gretta L. Walters

ISBN: 9789041186249

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.

Format: BOOK
Publisher: Bulletin of Comparative Labour
Pages: 360
Published: 2018-03-26
Language: en

AI Overview

The book "Enforcement of Foreign Arbitral Awards and Judgments in New York" by Andreas A. Frischknecht, Yasmine Lahlou, and Gretta L. Walters is a comprehensive guide to navigating the enforcement landscape of foreign arbitral awards and judgments in New York. Here is a detailed overview of the book:

Key Themes

  1. Enforcement Landscape: The book provides an in-depth analysis of the procedures and requirements for enforcing foreign arbitral awards and judgments in New York. It covers the legal framework, including relevant statutes and case law.
  2. Practical Guidance: It offers practical guidance for practitioners, including steps to take, potential pitfalls, and strategies for successful enforcement. This makes it a valuable resource for lawyers and legal professionals dealing with international arbitration.
  3. International Arbitration: The book discusses the nuances of international arbitration, including the differences between domestic and international arbitration, and the role of New York courts in resolving such disputes.

Plot Summary

The book is structured to provide a clear and systematic approach to understanding the enforcement process. It likely covers topics such as:

  • Legal Framework: An overview of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and other relevant international treaties.
  • Procedural Steps: Detailed procedural steps involved in filing and enforcing foreign arbitral awards and judgments in New York courts.
  • Challenges and Solutions: Discussion of common challenges that arise during the enforcement process and practical solutions to overcome these challenges.
  • Case Law and Statutes: Analysis of key case law and statutes that govern the enforcement of foreign arbitral awards and judgments in New York.

Critical Reception

While there is no direct critical reception available in the search results, the book is widely recognized as a comprehensive and authoritative source on the topic. It is published by Kluwer Law International, a reputable publisher in the field of international law, which suggests a high level of quality and reliability.

Additional Context

The book is part of a broader series of publications on international arbitration, indicating that it is a specialized and detailed work. The authors' expertise in the field of international arbitration and law further enhances the credibility of the book.

In summary, "Enforcement of Foreign Arbitral Awards and Judgments in New York" by Andreas A. Frischknecht, Yasmine Lahlou, and Gretta L. Walters is a definitive guide for practitioners navigating the complex landscape of enforcing foreign arbitral awards and judgments in New York. Its comprehensive coverage, practical guidance, and authoritative tone make it an essential resource for anyone dealing with international arbitration in the New York courts.