Arbitration is often promoted as faster, cheaper, more predictable, and more controllable than litigation. But to many, arbitration’s promise comes up short on delivery. Why? A prime reason is that many parties do not make use of their ability to shape a proceeding that fulfills those promises, and end up with an arbitration that is more time consuming, more expensive, and less predictable than it could have been.
Dan Pascucci is a Member in the firm’s San Diego office. His practice encompasses complex business litigation, international and U.S. arbitration, intellectual property and unfair competition litigation, and class action defense. Dan is well-versed in using ADR procedures, and he has successfully handled dozens of complex international and U.S. arbitrations.
You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the award-debtor’s assets are all held in or have been moved to a country that is not a party to the New York Convention. Now what?