How does the New York Convention help with award enforcement?

The New York Convention (1958) facilitates recognition and enforcement of arbitral awards in 172 signatory countries. This global framework makes international arbitration awards often easier to enforce than court judgments, which is why funders favour arbitration for cross-border disputes.

What are common challenges in award enforcement?

Common challenges include: debtor asset concealment, jurisdictional complications, sovereign immunity for state defendants, debtor insolvency or restructuring, and procedural delays in enforcement courts. Professional funders have expertise navigating these obstacles.

What returns do funders expect for enforcement funding?

Returns vary based on enforcement complexity and risk. Simple enforcement may attract 1.5-2x multiples, while complex cross-border or sovereign enforcement may require 2.5-4x returns. Outright purchase of awards typically prices at 50-80% of face value depending on collectibility assessment.

Back to Complete Guide

Award Enforcement

Award Enforcement Funding: Monetising Judgments and Arbitral Awards

Transform unpaid court judgments and arbitral awards into immediate value. Litigation funding for enforcement proceedings ensures you recover what you have already won.

Submit Your Award Arbitration Funding Guide

Written by Audley Capital Enforcement Team

Published December 16, 2025 • 11 min read • Experience across 40+ jurisdictions

Winning a judgment or arbitral award is only half the battle. Many creditors discover that enforcement is where the real fight begins. Debtors may hide assets, exploit jurisdictional complexities, or simply refuse to pay—forcing creditors into costly, protracted enforcement proceedings.

Award enforcement funding solves this problem by providing the capital needed to pursue collection, or by offering immediate monetisationthrough outright purchase of the award. Either way, creditors can convert paper victories into real value.

What Are the Two Paths to Monetise Your Award?

Creditors can either fund enforcement proceedings (the funder covers costs in exchange for a share of recovery) or sell the award outright (immediate cash at 50–80% of face value). Both options transform paper victories into real value without further financial risk.

Enforcement Funding

The funder provides capital to cover enforcement costs—legal fees, asset tracing, court proceedings—in exchange for a share of the recovered amount. You retain ownership of the award.

Non-recourse: pay nothing if enforcement fails
Retain upside on full award recovery
Funder provides expertise and resources

Award Monetisation (Sale)

Sell your judgment or award outright to the funder for an immediate lump sum payment. The funder assumes all enforcement risk and costs—you receive certainty today.

Immediate liquidity (50-80% of face value)
Complete transfer of enforcement risk
Close the matter and move forward

The New York Convention Advantage

The New York Convention (1958) is the cornerstone of international arbitration enforcement. With 172 signatory countries, it provides a streamlined framework for recognising and enforcing arbitral awards globally—often making them easier to enforce than court judgments, which lack equivalent international recognition.

This global enforcement framework is why litigation funders often prefer arbitration for cross-border disputes. An ICC, LCIA, or ICSID award can be enforced in any signatory jurisdiction where the debtor has assets, providing multiple avenues for recovery.

Common Enforcement Challenges

Asset Concealment

Debtors may hide, transfer, or restructure assets to frustrate collection. Professional asset tracing is often required.

Jurisdictional Complexity

Assets spread across multiple jurisdictions require parallel enforcement proceedings with local counsel in each.

Sovereign Immunity

State defendants may claim immunity from enforcement. Specialist expertise is needed to identify waiver or exception.

Debtor Insolvency

Restructuring or bankruptcy proceedings can delay or reduce recovery. Priority of claims becomes critical.

Procedural Delays

Enforcement courts may have backlogs or debtor-friendly procedures that extend timelines significantly.

What Funders Evaluate for Enforcement Funding

Award validity and finality (no pending appeals)

Debtor asset identification and location

Enforcement jurisdiction analysis

New York Convention applicability

Sovereign immunity considerations

Prior enforcement attempts and outcomes

Debtor financial condition and solvency

Estimated enforcement timeline and costs

Enforcement Funding Returns

Scenario	Typical Return	Timeline
Simple domestic enforcement	1.5-2x multiple	6-18 months
Cross-border commercial	2-3x multiple	12-36 months
Sovereign/state defendant	2.5-4x multiple	24-60 months
Outright award purchase	50-80% of face value	Immediate

Frequently Asked Questions

What is award enforcement funding?

Award enforcement funding provides capital to pursue collection of unpaid court judgments or arbitral awards. Funders finance enforcement costs in exchange for a share of recovered amounts, on a non-recourse basis.

Can you sell an unpaid judgment or arbitral award?

Yes, judgment monetisation allows creditors to sell or assign their award for an immediate lump sum. The funder then pursues enforcement at their own risk, providing the creditor certainty of recovery.

How does the New York Convention help enforcement?

The New York Convention facilitates recognition of arbitral awards in 172 countries. This global framework often makes international arbitration awards easier to enforce than court judgments.

What returns do funders expect for enforcement?

Returns vary based on complexity. Simple enforcement may attract 1.5-2x multiples, while complex cross-border cases may require 2.5-4x. Outright purchases typically price at 50-80% of face value.

Related Resources

Complete Guide to Litigation Funding International Arbitration Funding Case Study: ICSID Award Enforcement Cross-Border Litigation

Have an Unpaid Award? Let Us Help You Recover.

Whether you need enforcement funding or want to monetise your award immediately, our team can structure the right solution.

Submit Your Award