The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. Article XII of the ICAOS and commission Rule 6.104 require a member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or defending a suit, including reasonable attorney’s fees.
An important provision of the ICAOS is Article IX, section A, which specifies that the commission is entitled to all service of process in any judicial or administrative proceeding in a member state pertaining to the subject of the compact where the proceedings may affect the powers, responsibilities or actions of the commission. This provision ensures that the commission may participate in cases that affect the commission. It is not clear what influence the failure to provide service to the commission would have on the enforceability of a judgment vis-à-vis the commission.