How to recognize and enforce an arbitral award?

A party to an arbitration has obtained a favorable award. It wishes to recover its claim and seeks to have the award enforced in several jurisdictions, including in France where recoverable assets have been identified. It is essential to obtain first the exequatur of the award before enforcing it by common means of enforcement.

A company wishes to enforce an arbitral award in France and abroad

Recognition of the award in jurisdictions where assets have been identified and setting up enforcement of the award

Our client's challenge

Ensuring enforcement of its award and recovery of its claim

After an ICC arbitration proceeding seated abroad, a company has obtained an award that orders the adverse party to pay damages.

The losing party does not intend to pay the damages arising out of the award voluntarily. The company benefiting from the award must therefore proceed with its enforcement.

To that end, it wishes to have recoverable assets identified in various jurisdictions, have the award recognized and enforced and ensure proper recovery as efficiently as possible.

Our way

Setting up a strategy to ensure recognition and enforcement of the award

Asset recovery strategy depends on the identification and localization of said assets. For that purpose, we use several legal means and investigatory methods, with the help of experts as the case may be, in order to identify and locate recoverable assets. This research phase allows us to determine the priorities for enforcement.

Prior to launching enforcement measures, it is necessary to have the award recognized in any jurisdiction in which enforcement is sought. In France, recognition of the award is requested ex parte, before the president of the local competent court and consists in a summary examination of the award and of the arbitration agreement. An appeal can be made only based on a limited set of legal arguments, which does not suspend the enforcement of the award, unless there is a risk of a serious breach to the rights of a party.

After exequatur has been obtained, the award can be enforced. Enforcement can be obtained through seizures and other common means of enforcement. When enforcement is sought in foreign jurisdictions, we are assisted by our network of trusted partners.

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