The international scope of energy transactions commonly leads parties to incorporate arbitration as their method of dispute resolution. When the arbitration concludes, the award does not always lead to final resolution. The successful party may need to pursue confirmation of the award, which often leads to an attempt to confirm it in U.S. courts. A party seeking confirmation of a foreign arbitration award, however, may encounter obstacles and delays, notwithstanding public policy favoring enforcement of arbitration awards.
Lawyers may have clients who want a court to confirm either a foreign award, which is an award made in accordance with foreign law, or a nondomestic award, meaning one involving parties domiciled or principally located outside the enforcement jurisdiction. Attorneys can seek to enforce such awards through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) or, in certain circumstances, the Inter-American Convention on Commercial Arbitration (the Panama Convention).
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