In the previous insight, "Enforcing Foreign (non-US) International Arbitration Awards Against Award Debtors in the United States," we discussed whether a party should seek to enforce an arbitration award rendered outside the United States in US courts on the basis that the award debtor had assets in the United States, such as bank accounts or property, that could be used to satisfy the award.
While the award debtor specifically may not have assets in the United States that may be used to satisfy an arbitral award, a related party, such as a corporate affiliate, may qualify as a better target. A comprehensive enforcement strategy should consider these third-party targets who may have assets in the US that could be used to satisfy an arbitral award against the award debtor.
In this client insight, we discuss whether an enforcement strategy should include seeking to enforce an arbitration award against an entity who was not a party to the arbitration proceeding and not, strictly speaking, an award debtor, under a variety of legal theories.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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