As business continues to globalize, international arbitration remains the preferred method for resolving cross-border disputes. One feature of international arbitration that makes it attractive for resolving cross-border disputes is the ease with which international arbitral awards can be enforced under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
Although ease of enforcement is frequently cited as a reason for choosing international arbitration, few practitioners actually consider enforcement until after confirmation proceedings have begun. By that time, it is usually too late to avoid many hazards that can be prevented simply by focusing on enforcement from the time an arbitration clause is drafted to the time enforcement proceedings begin.
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