Cross-border enforcement is increasingly under pressure from geopolitical tensions, sanctions & complex ownership structures, write Tom Clark, Jack Barlow & Taronish Mistry
- Sanctions and geopolitical tensions are creating practical barriers to enforcement, even where judgments are recognised.
- While offshore structures can complicate asset recovery, courts and practitioners continue to develop tools to support effective enforcement.
Enforcement often lives in the shadows of civil disputes. It is, however, vitally important. Without solid enforcement prospects, even the best case on the merits is unattractive as it can only give the claimant a paper victory, regardless of the legal costs incurred.
In the second half of the 20th century, there was a concerted effort by various countries to improve harmonisation and mutual recognition of awards/judgments. The New York Convention, EU Brussels/Lugano regimes, and the growth of recognition statutes (eg US state law frameworks for foreign money judgments) all increased the avenues by which cross-border disputes could come to a swifter end, including at the enforcement stage.
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