ABSTRACT: The article discusses three US statutes that enable parties to arbitration proceedings sited outside of the US to seek the assistance of US courts in aid of those proceedings. The first relates to the taking of evidence located in the US for use in an international arbitration proceeding (US federal statute - 28 U.S.C. § 1782). The second relates to provisional remedies for pre-award attachment or enjoining of the transfer of assets located in New York that might be used to satisfy an ultimate award, in aid of an arbitration in another country (New York state law - section 7502(c) of the New York Civil Practice Law and Rules). The third relates to the post-award location and attachment of assets to satisfy an actual award (New York State law - section 5225(b) of the New York Civil Practice Law and Rules). US courts can assist not only with the conduct of the arbitration proceedings themselves, but also with the preservation and maximization of assets available for the enforcement of any ultimate award.
Revista Brasileira de Arbitragem