top of page

Case Highlight | SCIA Award Recognized by U.S. Court: Cross-Border Claim Enforcement Path Re-Validated

  • LawMay
  • Jan 6
  • 2 min read

Updated: Jan 7


Recently, the United States District Court for the Northern District of Texas officially recognized a cross-border trade arbitration award rendered by the Shenzhen Court of International Arbitration (SCIA).

 

The legal team led by Attorney Deng, representing a well-known Chinese optoelectronic enterprise, successfully secured the recognition of the SCIA award by the U.S. court in accordance with the New York Convention. This marks a crucial step towards recovering hundreds of thousands of US dollars in outstanding payments, liquidated damages and other fees across borders, and ultimately led to the full recovery of the funds.

 

This case arises from a commercial dispute where the buyer had long defaulted on payment for goods. After the Shenzhen Court of International Arbitration (SCIA) rendered a favorable award in the claimant’s favor, the legal team was confronted with the predicament that the debtor refused to fulfill its obligations.

 

Accurately interpreting the provisions of the New York Convention and the United States Code, the team filed an application for the recognition of the arbitral award with the United States District Court for the Northern District of Texas—a court with personal jurisdiction over the debtor—within the limitation period. By systematically constructing a solid legal evidence chain, the team fully satisfied the U.S. court’s requirements for the review of foreign arbitral awards.


Pursuant to Section 207, Title 9 of the United States Code, the court shall confirm the award unless it finds one of the grounds for refusing or deferring the recognition or enforcement of the award as specified in the Convention, with the burden of proof resting on the defendant.


During the proceedings, the legal team closely monitored the judicial milestones in real time. When the defendant failed to file a defense within the extended time limit for objections set by the court, the team promptly moved the court to issue an order of confirmation, thereby directly converting the arbitral award into a confirmatory order of the U.S. court with enforceable effect.


In disputes involving cross-border parties and cross-border assets, if enterprises stipulate an arbitration institution governed by the New York Convention in their contracts and match it with a professional award enforcement plan, they can effectively break the bottleneck of "easy to win a case yet hard to enforce the ruling" in cross-border rights protection.

 

For exporters exposed to overseas debt risks, this approach not only cuts down the costs of claim enforcement, but also safeguards commercial information through the confidentiality of arbitration proceedings, thereby providing solid legal protection for international trade risk prevention and control.


This case summary is provided for informational purposes only. Past results do not guarantee similar outcomes in future matters.




Comments


Disclaimer

Materials on this website are provided for informational purposes only, do not constitute legal advice, do not necessarily reflect the opinions of LawMay or any of its lawyers or clients, and are not guaranteed to be complete, correct, or up-to-date. This website is not intended to create a lawyer-client relationship between you and LawMay. You should not act or rely on information in this website without seeking the advice of a lawyer. We would be pleased to communicate with you concerning legal matters, but we cannot do so until we first know that doing so would not create a conflict of interest.

Prior results do not guarantee a similar outcome.

©Copyright 2025 Lawmay P.C. All rights reserved.

bottom of page