International Arbitration

Disputes that cross national borders introduce questions domestic litigation doesn't: which law governs, which tribunal has authority, and ultimately whether a favorable outcome can actually be enforced against assets that may sit in an entirely different jurisdiction. Whitmore Harlow LLP represents clients in international commercial arbitration, from determining governing law and forum through presenting the case and, where necessary, enforcing the resulting award.

Establishing Governing Law and Forum

Governing law and the seat of arbitration are typically fixed by the parties' underlying arbitration agreement. Where that agreement is silent or ambiguous, these questions are resolved according to applicable institutional rules and relevant principles of international arbitration law. We resolve this groundwork early, since it shapes every procedural decision that follows.

We appear before major international arbitral institutions, with the appropriate forum depending on the parties' agreement and the nature of the dispute. Cross-border matters frequently require coordinating counsel, evidence, and witnesses across jurisdictions, and we manage that coordination directly.

Enforcing the Award

An arbitral award is only valuable if it can actually be enforced. Foreign arbitral awards are generally enforceable in U.S. courts under the New York Convention, subject to limited grounds for challenge, and we pursue recognition and enforcement in the jurisdiction where the counterparty's assets are located, since that's ultimately what determines whether an award translates into an actual recovery.