Sylvana Sinha’s recent article provides a very good explanation of current US jurisprudence concerning the recognition and enforcement of arbitral awards in New York, where many foreign arbitral awards are in practice enforced in the US. It analyzes the current judicial interpretation of the common law doctrine forum non conveniens, as well as the possibility of enforcement where the only link to New York itself is the presence of creditors or assets, and is useful reading prior to seeking recovery there. This article has been published in the prestigious New York Law Journal, and may be found here (subscription-only):
For more information on the enforcement of arbitral awards, please see Kronke’s useful The New York Convention: Recognition and Enforcement of Foreign Arbitral Awards, by H. Kronke, P. Nacimiento, D. Otto, N. Port (2010), which is available in part in the free Books on Arbitration section of this website, along with a virtual arbitration library : https://www.international-arbitration-attorney.com/books-on-arbitration/
– William Kirtley, Lazareff Le Bars