Search for:

Cross-Border enforcement is enjoying something of a moment. Over the last few years, we have witnessed sustained efforts to improve enforcement across borders. The New York Convention continues to gain signatories, with only a handful of jurisdictions now outside its scope. The Hague Convention on Choice of Court Agreements, which allows judgments of one jurisdiction to be enforced in another, provided a choice of court clause exists, has gained significant momentum, with numerous new signatories and its first enforcement case. The more ambitious Hague Judgments Convention, which allows for cross-border recognition of judgments in specified situations, even without a choice of court clause, was concluded in July 2019, after 27 years in development, and now has its first signatories. The Singapore Mediation Convention, which aims to ensure cross-border enforceability of settlement agreements arising from mediation, was launched last year and has been ratified by several jurisdictions.

It is in this context that we are pleased to share this new and expanded edition of Baker McKenzie’s Cross-Border Enforcement Center. We have drawn upon the expertise of our global dispute resolution team, consisting of over 1,000 lawyers in 78 offices, to provide you with a high-level comparative analysis of the enforcement of court judgments and arbitration awards across 44 jurisdictions, 13 of which are new for this edition. For the first time, we are pleased to offer this important information in an electronic handbook format, as well as the existing interactive website format. If you have any additional questions, please do not hesitate to contact our practitioners listed throughout the document.

cross-border enforcement guide

Author

Claudia is a partner at Baker McKenzie. Since 2010, she heads the Dispute Resolution practice in Colombia. In 2018, she started leading the practice in Latin America and is currently the Global Chair of the Firm's Dispute Resolution Group. Claudia is the Chair of the Arbitration and ADR Commission of ICC in Colombia. She is also a listed arbitrator of the panel of arbitrators of the Center of Arbitration of the Chamber of Commerce of Bogotá for both, domestic and international arbitration; and a listed arbitrator of the Panel of Arbitrators of the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center). Claudia is a highly-regarded expert in transnational litigation and international arbitration. She has over 20 years of extensive experience handling complex litigations and arbitrations related to construction and infrastructure projects, post-acquisition disputes, disputes in the energy sector, distribution and supply agreements, unfair competition, product liability, insolvency and general breach of contract. Claudia has been ranked by Chambers & Partners and Legal 500 as an expert in the field of dispute resolution. According to these publications, the group led by Claudia "'generates absolute confidence’ according to clients who highlight the team’s ‘efficiency, agility and commitment’, ‘broad market knowledge’, and ‘careful follow-up of cases", pointing that "It is led by the ‘expert’ and ‘deeply involved’ Claudia Benavides whose ‘intelligence, diligence and acuity to foresee legal risks’, make her a stand out legal adviser.” Chambers and Partners Latin America notes that "Claudia Ines Benavides Galvis is praised by interviewees for her "wide knowledge of the area, precision and in-depth background" in the field of dispute resolution." She has been ranked Band 2 in Chambers & Partners' individual ranking and in the "Leading Lawyer" listing by The Legal 500. The prestigious publication Who's Who Legal: Arbitration describes her as one of the world experts in arbitration and Benchmark Litigation featured her in the Top 25 Latam Women in Litigation listing. The team led by Claudia is ranked Tier 1 in the prestigious directory The Legal 500. Claudia has been actively involved with academia. She regularly speaks in important national and international conferences and she is the author of several articles related to her practice.