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Attaching an Arbitral Award
Iran won an award in ICC arbitration against a U.S. supplier of military equipment. May parties holding default judgments against the nation enforce their judgments into the award?
The United States Court of Appeals for the Ninth Circuit allowed one of two holders to garnish the award in satisfaction of his default judgment, in the matter of The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems Inc. et al., No. 99-56498, on October 7, 2004, and denied Iran's immunity claim against a claim not already satisfied by Victims of Trafficking and Violence Protection Act of 2000, 114 Stat. 1464.
The court addresses two separate claims and, in addition to the special rules governing the assets of Iran, such as the Iranian Transactions Regulations, 31 CFR part 560, discusses extensively the applicable provisions of the Foreign Sovereign Immunities Act and the effect of a immunity waiver for ICC arbitration on subsequent enforcement action in United States courts which affect most sovereigns with assets or claims located in the United States.
- by Clemens Kochinke, partner with Berliner, Corcoran & Rowe, LLP in Washington.
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