Tactical Execution in Cross-Border Arbitration: LCIA, ICC, and UNCITRAL Rules
Key tactics for asset freezing, interim relief, arbitrator selection, and enforcement of foreign awards under the New York Convention.
International arbitration offers parties a neutral forum to resolve disputes away from local courts. However, success depends on strategic maneuvering before the tribunal is even constituted, and executing post-award enforcement plans under the New York Convention framework.
1. Arbitrator Selection as a Strategic Tool
The appointment of the arbitrator is critical. We conduct deep profile checks on potential nominees, examining their past decisions, academic writings, and procedural tendencies on key legal matters. We look for arbitrator records on document disclosure, punitive damages, and willingness to grant interim relief to align the tribunal with our case strategy.
2. Interim Relief and Emergency Measures
In cross-border disputes, assets can be rapidly dissipated. We coordinate with local courts to secure emergency freezing orders (Mareva injunctions) or obtain interim measures directly from tribunals under UNCITRAL Article 17, protecting the disputed capital during arbitration and preserving evidence.
3. Enforcement under the New York Convention
An arbitration award is only as good as its enforcement. We leverage the 1958 New York Convention, which is ratified by over 160 countries, to identify and seize commercial assets of the counterparty across multiple jurisdictions. We navigate local public policy exceptions and immunity barriers to secure client recoveries.
This briefing is prepared for general informational purposes and does not constitute direct legal advice. Clients are advised to complete independent compliance and conflict verification before making capital commitments.
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