Getting a favorable arbitration award is a positive development in international arbitration, but is it a “win”? In theory, yes, but in reality, the real client satisfaction comes when the award is enforced and the amounts due are fully collected. Getting to that stage can require the winning party (the award creditor) to fight a legal campaign in many countries. The award debtor, in turn, may choose to contest enforcement. Third parties, such as banks, can get caught up in the crossfire. Other entities can find themselves embroiled even more closely in the dispute, as creditors seek to unwind fraudulent conveyances or other activities intended to put the award debtor’s assets out of reach. And sovereigns – especially those on the receiving end of an enforcement action – may have special defenses of their own, often based on sovereign immunity.
The conference will feature high-level discussion of these cutting-edge issues. It will feature counsel experienced in representing both award creditors and debtors, as well as other professionals involved in asset identification and award enforcement. The panelists will discuss recent court litigation in this field, including award enforcement litigation in Europe and North America involving or against foreign sovereigns (and state-owned entities), enforcement disputes involving assets in Latin America, and current developments involving sovereign immunity, the European Union, Cuba and Saudi Arabia. Panelists will also discuss steps that may be taken in advance of awards, including obtaining attachments to secure payment and bonding requirements. Click here for more details. When registering, please use the guestcode FH19 to receive the $475 academic rate.
Schedule 8:30 am – 9:00 am — Registration 9:00 am – 9:15 am — Introductory Remarks 9:15 am – 11:00 am — Panel 1: Preliminary Relief, Attachment and Pre-Judgment Security Moderator: Lawrence W. Newman Houston Putnam Lowry, Polivy, Lowry & Clayton John Kimball, BlankRome Ricardo Chirinos, White & Case Mathieu Raas, Baker & McKenzie 11:00 am – 11:15 am — Networking Coffee/Tea Break 11:15 am – 12:45 pm— Panel 2: Recent Challenges in Enforcing Commercial and Investor-State Awards Involving Sovereigns, and Related Issues Moderator: Andrew Loewenstein, Foley Hoag James Berger, King & Spalding Tai-Heng Cheng, Sidley Austin Kate Brown de Vejar, DLA Piper Manuel A. Gómez, Florida International University Joseph D. Pizzurro, Curtis Mallet 12:45 pm – 1:15 pm — Keynote — Professor William (Rusty) Park, Boston University, “The Transient and the Permanent in Award Enforcement” 1:15 pm – 2:15 pm —Networking Lunch 2:15 pm – 3:45 pm — Panel 3: Special elements of enforceable awards Moderator: Marcus Green Derek Auchie, University of Aberdeen Chris Drahozal, University of Kansas Law School Betsy Hellmann, Skadden, Arps, Slate, Meagher & Flom LLP David Zaslowsky, Baker & McKenzie 3:45 pm – 4:00 pm — Networking Coffee/Tea Break 4:00 pm – 5:30 pm — Panel 4: Practical and Economic Issues Moderator: Timothy G. Nelson Dmitry Pentsov, FRORIEP Legal SA Giulia Previti, Burford Charlene Sun, King & Spalding Hannah van Roessel, Omni Bridgeway 5:30 pm – 6:00 pm — Drinks Reception