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Recognition & Enforcement

A Favorable Decision Is Only as Good as Its Recovery Value

Averites advises on the recognition and enforcement of foreign arbitral awards and court judgments and develops enforcement strategy from the earliest appropriate stage of significant disputes.

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OUR APPROACH

How We Advise on Recognition and Enforcement

  1. Assessing Enforcement Before Proceedings Even Begin

    Where possible, we assess enforcement before proceedings are commenced. This includes identifying where the counterparty’s material assets are located, which courts are likely to have jurisdiction over those assets, whether the anticipated judgment or award will be recognizable in those jurisdictions and what protective measures may be available if assets are moved or dissipated.

  2. Enforcement of Arbitral Awards Under the New York Convention

    For arbitral awards, we advise on recognition and enforcement under the New York Convention and applicable domestic arbitration laws.

  3. Defending Against Challenges to Recognition or Enforcement

    We also represent clients in proceedings challenging recognition or enforcement, including arguments concerning jurisdiction, due process, public policy, validity of the arbitration agreement and other grounds available under applicable law.

  4. Annulment and Set-Aside Proceedings

    Where an award is challenged at the seat of arbitration, we advise on annulment and set-aside proceedings and coordinate those proceedings with enforcement actions in other jurisdictions.

  5. Recognition and Enforcement of Foreign Court Judgments

    We similarly advise on the recognition and enforcement of foreign court judgments, including jurisdictional requirements, applicable recognition regimes and defenses available to judgment debtors.

  6. Enforcement Against States and State-Owned Entities

    Enforcement against states and state-owned entities can create additional complexity. We advise on sovereign immunity, the distinction between sovereign and commercial assets and the availability of particular property for attachment or execution.

  7. Coordinated Cross-Border Enforcement Strategy

    Cross-border enforcement often requires coordinated action in several jurisdictions. Averites works with local counsel, investigators and asset-recovery professionals to develop a strategy based on the location, ownership and vulnerability of relevant assets.

  8. Our Focus — Recoverability, Not Just a Favorable Decision

    Our focus is on recoverability. The objective of dispute resolution is not merely to obtain a favorable written decision, but to convert legal rights into a commercially meaningful result.

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Precision across borders. Book a Meeting

New York c/o Chornous Law PLLC
30 Wall Street, 8 Floor
New York, NY 10005 Phone: +1 650 382 7764
London 124 City Road
London, England
EC1V 2NX Phone: +44 7405 138109
Kyiv 11 Panasa Myrnoho Street
Office 1/1
Kyiv, 01011 Phone: +380 63 148 27 37

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FAQ

Frequently Asked Questions

  • A favorable judgment or arbitral award has limited value if it cannot ultimately be converted into recovery. Our focus is on recoverability — converting legal rights into a commercially meaningful result, not merely obtaining a favorable written decision.

    • Before, where possible. We assess enforcement before proceedings are commenced, identifying where the counterparty’s material assets are located, which courts are likely to have jurisdiction over those assets, whether the anticipated judgment or award will be recognizable there, and what protective measures may be available if assets are moved or dissipated.

      • For arbitral awards, we advise on recognition and enforcement under the New York Convention and applicable domestic arbitration laws.

        • Yes. We represent clients in proceedings challenging recognition or enforcement, including arguments concerning jurisdiction, due process, public policy, validity of the arbitration agreement and other grounds available under applicable law.

          • We advise on annulment and set-aside proceedings and coordinate those proceedings with enforcement actions in other jurisdictions.

            • Yes. We advise on the recognition and enforcement of foreign court judgments, including jurisdictional requirements, applicable recognition regimes and defenses available to judgment debtors.

              • It can be. Enforcement against states and state-owned entities can create additional complexity — we advise on sovereign immunity, the distinction between sovereign and commercial assets and the availability of particular property for attachment or execution.

                • Cross-border enforcement often requires coordinated action in several jurisdictions. We work with local counsel, investigators and asset-recovery professionals to develop a strategy based on the location, ownership and vulnerability of relevant assets.