The enforcement of foreign arbitral awards in the U.S. is governed by the New York Convention. An award must be enforced within three years of the decision of the arbitrators — regardless of the exhaustion of post-award remedies. 9 U.S.C. § 207. See Transport Wiking Trade Schiffarhtsgeseellschaft MBH & Co. v. Nivimpex Centrala Navala, 989 F.2d 572, 581 (2d Cir. 1993).
For example, if you get an arbitration award in Stockholm against a U.S. company, you cannot wait through the exhaustion of Swedish court review of the arbitration award. Enforcement proceedings should be begun within 3 years in the U.S. (even if ultimately stayed pending the other courts’ review).
Mr. Posey earned an LL.M. in international arbitration at Stockholm University, and has both the international experience and the local knowledge to help your clients cost-effectively preserve their rights and enforce (or oppose) arbitral awards.