Introduction

In drafting international sales contracts, one of challenges for lawyers is to decide whether or not to negotiate the arbitration clause. While there are many benefits of entering into the arbitration contract, the ability to enforce the arbitration award pursuant to the New York Convention shines as the important consideration in favor of resolving disputes by arbitration. But what follows when the case does not proceed by arbitration and the counsel obtains the U.S. judgment which needs to be enforced in the foreign jurisdiction? In that scenario, the U.S. ...