When enforcing domestic court decisions and arbitral awards, the risk management is clearly understood by all participants. In disputes with no foreign element, there are clear cultural conventions and expectation and the relevant legal rules are also well known to all parties.

The matter is more complicated when it comes to the enforcement of foreign judgments and foreign arbitral awards. In addition to the risks associated with the actual enforcement process, there are other factors to consider, including:

In addition, public policy, fairness of process, ways of establishing jurisdiction and the right to be heard are also important considerations.

It is commonly recognised that, in particular, foreign arbitral awards are much easier to enforce than foreign court decisions. This is a result of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) that currently has 156 state parties. This figure makes the New York Convention the most successful convention in the area of commercial law. However, there are aspects of enforcement that are not consistent with the New York Convention. In particular, there is no co-ordinated concept of public policy and arbitrability and the mechanics and rules of enforcements are those of the enforcing court. Nevertheless, the New York Convention effectively ensures that more than 92% of arbitral awards are enforced voluntarily restricting the amount of awards that are enforced via national courts.

In relation to foreign judgments there is no equivalent instrument to the New York Convention, apart from Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast Brussels Regulation) and a few other regional instruments. Domestic characteristics and local protectionism may become critical when enforcing foreign judgments outside a harmonised jurisdictional and judgments environment, as is the one in the European Union.

Against this background of fragmented regulation an insightful, authoritative and practical global guide is very welcome indeed. Now in its second edition as a hardback publication and with a complementary online service, this guide covers 27 jurisdictions from around the globe and provides clear and useful information that can assist practitioners when considering where to enforce judgments or awards. All jurisdictional chapters follow the same format and provide answers to a questionnaire style template. The publisher has provided a consistent and user-friendly model that will prove invaluable to all users. I trust you will find the chapters useful and instructive.