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A judgment is only as good as where you can enforce it

Worth settling while drafting, not after somebody stops paying.

Winning in a US court is not the end if the other side's assets sit abroad. Enforcement depends on whether the local courts will recognize a US judgment, and many will not do so readily.

Arbitral awards often travel better, because the New York Convention obliges signatory states to recognize them subject to narrow exceptions. That is a strong argument for an arbitration clause in cross-border contracts.

Either way the question belongs in the drafting conversation. By the time payment has stopped, your leverage is whatever the contract already gave you.

This note is general information, not legal advice, and it does not create an attorney-client relationship. Whether any of it applies to your situation depends on facts this article does not know.

See our international practice

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