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Re: JimLur post# 119341

Monday, 07/18/2005 7:53:49 PM

Monday, July 18, 2005 7:53:49 PM

Post# of 433225
JimLur--you asked:

"Do you have any thought on my question if IDCC dropped their suit in New York what can the ICC do for them? If they can't enforce their decision what good is it?"

An arbitration tribunal does not have any power to enforce an award, only a court can. It is a matter of power. The ICC cannot send marshalls to seize property in the United States, only an authorized U.S. court can do that. But this is how arbitration operates. Most parties agree to comply with an award. If a party doesn't, then the only choice is to bring an action in Court to confirm the award. Then, the full power of a court is behind the award.

This issue of power even applies to actual court judgments. Think of it this way. Lets say you were traveling in Nevada, but didn't live there, and ran up a huge bill in a hotel and refused to pay. Let's say the Nevada hotel sued you in Nevada and won a judgment. Let's also say that you refused to pay the judgment and lived in Pennsylvania where you had a bank account. The Nevada Court judgment would only be limited to Nevada and could not be levied against you directly in Pennsylvania. Instead, the hotel would have to sue you in Pennsylvania to enforce the Nevada judgment. Again, there are practically no defenses to such a suit to enforce a judgment, but a party still has to go through the process.

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