The Challenges of Enforcing an Arbitral Award Against a Foreign State in the United States

A party seeking to enforce an arbitral award against a sovereign state or stage agency in the United States may fax practical challenges due to the Foreign Sovereign Immunities Act (FSIA). In particular, the FSIA presents two hurdles which must be crossed by an arbitral award. This article will consider these hurdles and discuss whether the United States is an appropriate forum for a party seeking to enforce an arbitral award against a foreign state or agency, and whether the FSIA puts an arbitral award holder in an inferior position to a sovereign state or agency by granting it excessive immunity.