ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

The United States is a signatory to the Convention on Recognition and Enforcement of Foreign Arbitrarily Award, which mandates enforcement of arbitration agreements between citizens or entities of different countries, as well as awards in foreign arbitration proceedings, except where the arbitration agreement is "null, void, inoperative or incapable of being performed."

Under the Convention, subject matter jurisdiction is in the federal courts, and the appropriate district in which to file is the one where the debtor resides (or where an agreement between the parties stipulates).

To enforce a foreign arbitration award, a petition to confirm the award is filed in the appropriate federal district within three years from the date of issuance of the arbitration award. If the award is not in English, a certified translation must accompany the petition. Once confirmed, the award is entered as a federal district court judgment and is enforceable just like a federal judgment.

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