This page explains United States federal law on enforcing foreign arbitral awards: the New York Convention as implemented by Chapter 2 of the Federal Arbitration Act (9 U.S.C. 201 to 208), with the Foreign Sovereign Immunities Act where the losing party is a state or state-owned company. KOR Law LLP's international arbitration practice handles enforcement of foreign arbitral awards under the New York Convention and challenges to enforcement, as well as proceedings administered by the ICC, ICDR and LCIA and ad hoc proceedings under UNCITRAL Rules.
Which awards does the Convention cover?
The Convention Act covers an arbitration agreement or award arising out of a commercial legal relationship, whether contractual or not (9 U.S.C. 202). A relationship entirely between United States citizens is excluded unless it involves property abroad, performance or enforcement abroad, or some other reasonable relation with a foreign state, and a company counts as a United States citizen if it is incorporated or has its principal place of business here (202). An action falling under the Convention is deemed to arise under federal law, and the federal district courts have original jurisdiction regardless of the amount in controversy (9 U.S.C. 203).
Investor-state awards rendered under the ICSID Convention follow a different statute and are not confirmed under the Federal Arbitration Act; that route is covered in how investment treaty awards are enforced in the United States.
How does enforcement work, step by step?
- Gather the documents. The applicant supplies the authenticated original award or a certified copy, and the original arbitration agreement or a certified copy (Convention, Article IV(1)). Documents not in English need a certified translation (Article IV(2)).
- Choose the court. Venue lies where a lawsuit on the underlying controversy could have been brought, or where the agreement placed the arbitration if that place is in the United States (9 U.S.C. 204). In New York City, that usually means the Southern or Eastern District of New York.
- File within three years. Any party may apply to confirm within three years after the award is made (9 U.S.C. 207).
- Serve the respondent. Chapter 1 of the Federal Arbitration Act fills gaps in procedure where it does not conflict with the Convention (9 U.S.C. 208).
- Meet any defenses. The court confirms unless the respondent proves an Article V ground (9 U.S.C. 207; Convention, Article V(1)).
- Address a pending set-aside. If the award is under challenge at the seat, the court may adjourn and may order the respondent to give suitable security (Convention, Article VI).
- Enforce the judgment. After judgment, the creditor uses the usual post-judgment tools; see what happens after a money judgment is entered in New York.
What defenses can the losing party raise?
Only the grounds the Convention lists. Under Article V(1), recognition "may be refused, at the request of the party against whom it is invoked, only if that party furnishes" proof of one of five grounds. Article V(2) adds two grounds the court may apply on its own.
| Ground | Article | Who raises it |
|---|---|---|
| Incapacity of a party, or an invalid arbitration agreement | V(1)(a) | Respondent must prove it |
| No proper notice of the arbitrator's appointment or the proceedings, or inability to present the case | V(1)(b) | Respondent must prove it |
| Award goes beyond the scope of the submission (severable parts may still be enforced) | V(1)(c) | Respondent must prove it |
| Tribunal or procedure not in line with the agreement or, failing agreement, the law of the seat | V(1)(d) | Respondent must prove it |
| Award not yet binding, or set aside or suspended at the seat | V(1)(e) | Respondent must prove it |
| Subject matter not arbitrable under the law of the enforcing country | V(2)(a) | Court may find it |
| Enforcement contrary to public policy of the enforcing country | V(2)(b) | Court may find it |
The list does not include a mistake of fact or law by the arbitrators. Arguments of that kind belong, if anywhere, in a set-aside proceeding at the seat; how challenges to awards made in New York work is covered in whether you can challenge an arbitration award in a New York court.
What if the losing party is a foreign state?
The Foreign Sovereign Immunities Act removes immunity in an action to confirm an award made under an agreement to arbitrate with a private party where, among other things, the award is or may be governed by a treaty calling for recognition of arbitral awards, such as the New York Convention (28 U.S.C. 1605(a)(6)). In CC/Devas (Mauritius) Ltd. v. Antrix Corp. (2025), the Supreme Court held that personal jurisdiction exists under the Act when an immunity exception applies and service is proper, without a separate "minimum contacts" analysis.
Collecting is a separate step. Property of a foreign state in the United States that is used for a commercial activity here is not immune from attachment or execution on a judgment confirming an arbitral award against the state, if execution would not be inconsistent with the arbitration agreement (28 U.S.C. 1610(a)(6)).
What changes the answer?
- Timing. The three-year clock runs from when the award is made (9 U.S.C. 207).
- Who the parties are. Purely domestic relationships fall outside the Convention unless they have a foreign connection (9 U.S.C. 202).
- Where the case is filed. A respondent sued in state court on a matter relating to a Convention award can remove the case to federal court at any time before trial (9 U.S.C. 205).
- A set-aside at the seat. An award set aside where it was made may be refused (Convention, Article V(1)(e)).
- A sovereign respondent. Jurisdiction and execution turn on the FSIA (28 U.S.C. 1605(a)(6), 1610(a)(6)).
- Evidence for the next step. Discovery in aid of foreign proceedings has its own limits; see whether you can use U.S. discovery for a foreign case or arbitration.
For example: an ICC award against a New York distributor
For example, imagine a German manufacturer that wins an ICC award in Paris against its New York distributor for unpaid invoices. (This is a made-up illustration, not a real client or result.) The relationship is commercial and involves a foreign party, so the award falls under the Convention (9 U.S.C. 202), and the federal court has jurisdiction regardless of the amount (9 U.S.C. 203).
Eighteen months after the award, well inside three years (9 U.S.C. 207), the manufacturer petitions the Southern District of New York with a certified copy of the award and the contract's arbitration clause, plus certified English translations (Convention, Article IV). The distributor argues the arbitrators misread the contract. That is not an Article V ground, so the court confirms, and the manufacturer then uses New York's post-judgment tools to reach the distributor's accounts.
Common mistakes
- Waiting too long. The petition must be filed within three years after the award is made (9 U.S.C. 207).
- Missing certified copies or translations. They are required at the time of application (Convention, Article IV).
- Arguing the merits. Article V does not allow a review of the arbitrators' reasoning.
- Overlooking a pending set-aside. The court may adjourn, and the award holder can ask for security (Convention, Article VI).
- Assuming sovereign assets are reachable. Execution is limited to the property the FSIA allows (28 U.S.C. 1610(a)(6)).
- Treating an award like a court judgment. Judgments from other states and federal courts use a different process; see whether a judgment from another state or a federal court can be enforced in New York.
What to do this week
- Calendar three years from the date the award was made.
- Order a certified copy of the award and locate the signed arbitration agreement.
- Arrange certified English translations of any foreign-language documents.
- Check whether a set-aside application is pending at the seat.
- List the respondent's known United States assets, accounts and customers.
- If the respondent is a state or state-owned company, identify which FSIA exception applies.
Frequently asked questions
Can a New York court refuse to enforce because the arbitrators got the law wrong?
Not under the Convention. The court confirms unless an Article V ground is proven (9 U.S.C. 207; Convention, Article V).
Do I need to sue on the underlying contract again?
No. The application is to confirm the award (9 U.S.C. 207), which leads to a judgment.
Does the amount matter for federal jurisdiction?
No. Federal courts have jurisdiction over Convention cases regardless of the amount in controversy (9 U.S.C. 203).
How do I find the respondent's assets after judgment?
New York's disclosure devices apply to judgment creditors; see what an information subpoena in New York requires.
Which institution administered the arbitration, and does it matter?
The Convention applies to awards from any institution or ad hoc proceeding, but the rules affect timelines and remedies before the award; see how the ICC, ICDR and LCIA differ.
Can the respondent move the case out of state court?
Yes. A defendant in a state court action relating to a Convention award may remove it to federal court before trial (9 U.S.C. 205).
Can an award made in New York fall under the Convention?
Yes, if the relationship is commercial and involves a foreign party or another foreign connection (9 U.S.C. 202). The Convention looks to the country "in which, or under the law of which," an award was made for any set-aside (Article V(1)(e)), so a challenge to an award made here is brought in the courts of the seat.