Third Annual Conference on Enforcement of Arbitration Awards

Thursday, September 26, 2019. – Boston, USA

Foley Hoag LLP – 155 Seaport Blvd #1600, Boston, MA 02210

Program Information

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.

The conference will present four 90-minute panel discussions each with a panel of four to six speakers, including a moderator. Although panel members may present some prepared remarks, the bulk of the discussions will consist of interplay among speakers and the moderator as well as persons from the audience. The emphasis will be on communicating with the audience through discussions of actual cases.

The two panels in the morning panelists will describe current issues and hot topics in the legal landscape. The second half of the program, after lunch (provided), will zero in on some practical issues – both the particular components of an award under enforcement (and related challenges), as well as practical and business challenges in the process, including asset identification, funding and long-term defensive measures.

Materials, including statutes, rules, articles and cases, to which reference is made in the conference will be provided.

CLE credit will be available.

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
  • Ricardo Chirinos, White & Case, New York
  • Marc Goldstein, MJG Arbitration & Mediation, New York
  • Houston Putnam Lowry, Polivy, Lowry & Clayton, Hartford Connecticut
  • John Kimball, BlankRome, New York
  • Mathieu Raas, Baker & McKenzie, Amsterdam

This panel will cover the steps that award creditors can and do take in order to secure their rights, including preliminary injunctions, pre-award or pre-judgment attachment (“freezing orders”) and pre-judgment security — including under Article VI of the New York Convention (and its Panama Convention counterpart).

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
  • James Berger, King & Spalding, New York
  • Tai-Heng Cheng, Sidley Austin, New York
  • Kate Brown de Vejar, DLA Piper, Mexico City/New York
  • Manuel A. Gómez, Florida International University, Miami, FL
  • Joseph D. Pizzurro, Curtis Mallet, Washington, D.C.

This panel will cover recent developments in sovereign-related disputes, with a focus on current issues in the US courts, including cases raising the Achmea dispute (intra-EU and ECT Awards), continuing challenges in award enforcement against Latin American sovereigns, developments with ICSID Convention enforcement, and new statutory regimes relevant to judgment enforcement including Title III of the Helms-Burton Act and JASTA.

12:45 pm – 1:15 pmKeynote 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 pmPanel 3: Special elements of enforceable awards

  • Moderator: Marcus Green
  • Derek Auchie, University of Aberdeen, Scotland
  • Chris Drahozal, University of Kansas Law School
  • Betsy Hellmann, Skadden, Arps, Slate, Meagher & Flom LLP, New York
  • David Zaslowsky, Baker & McKenzie, New York

This panel will cover issues concerning pre- and post-award interest, recoverability of attorneys’ fees/costs and enforceability of awards with special damages components (e.g. punitive damages, treble damages, penalties)

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

This panel will explore current practical, business and economic issues in judgment enforcement, including funding strategies, asset identification, the due diligence process for funds/investors evaluating whether to purchase rights in a judgment/award, and defensive measures.

5:30 pm – 6:00 pm — Drinks Reception

Registration

Early Bird Discount has been extended to September 12th.

Online Registration:

Enforcement of Arbitration Awards - Boston
$750.00

*Enforcement of Arbitration Awards - Boston
$475.00

* ONLY available to full-time academics [with no law firm affiliation], government employees, and full-time in-house corporate counsel.
** Wire transfer information and student rate contact – jhernandez@jurispub.com

Click Here to Download the PDF Registration Form

Co-Chairs

Marcus Green is the Director of Special Investments in Kobre & Kim’s New York office. He advises clients on judgment enforcement, international asset investigations and recovery, and related debtor-creditor litigation. Mr. Green helps clients realize value from court judgments and arbitral awards in distressed circumstances, including where debtors have undertaken complex asset protection structuring and, in investor-state disputes, where sovereign immunity may be implicated. He develops and implements worldwide asset tracing and recovery plans on behalf of corporate, sovereign and individual clients. These recoveries often involve coordinated efforts throughout the United States, Latin America, the Caribbean, Europe and Asia.

Timothy G. Nelson (Co-Chair) is a Partner in Skadden, Arps, Slate, Meagher & Flom LLP’s New York office. He represents clients in a variety of disputes involving cross-border and international law issues, including arbitrations before international bodies such as the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the International Center for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration Rules of the United Nations Commission of International Trade Law (UNCITRAL). Mr. Nelson regularly advises sovereign and corporate clients on public international law issues including under multilateral treaties such as the Energy Charter Treaty, bilateral investment treaties (BITS); and other international trade/investment agreements.

Lawrence W. Newman (Co-Chair) is Of Counsel in Baker & McKenzie’s New York office. He practices mainly in the areas of international litigation and arbitration and has represented clients in cross-border disputes in courts and before arbitration tribunals. Mr. Newman serves as arbitrator in cases under the rules of the AAA/ICDR and the International Chamber of Commerce. He is the author and editor of many books and articles on international litigation, including The Leading Arbitrators’ Guide to International Arbitration, which is the basis for the Leading Arbitrators Symposium on the Conduct of International Arbitration, held every year in Vienna. He is an advisor to the ALI Restatement of U.S. Law of International Commercial Arbitration and a fellow of the Chartered Institute of Arbitrators, in which he is a member of the Practice and Standards Committee and Chair of the Arbitration Subcommittee. He is Chair of the International Arbitration Club of New York.

Faculty

Derek Auchie –University of Aberdeen, Scotland

James Berger – King & Spalding, New York

Kate Brown de Vejar – DLA Piper, Mexico City/New York

Tai-Heng Cheng –Sidley Austin, New York

Ricardo Chirinos – White & Case, New York

Christopher Drahozal – University of Kansas Law School

Marc Goldstein – MJG Arbitration & Mediation, New York

Manuel A. Gómez – Florida International University

Marcus Green – Kobre & Kim

Betsy Hellmann – Skadden, Arps, Slate, Meagher & Flom, New York

John Kimball –BlankRome, New York

Andrew Loewenstein – Foley Hoag, Boston

Houston Putnam Lowry – Polivy, Lowry & Clayton, Hartford Connecticut

Timothy G. Nelson – Skadden, Arps, Slate, Meagher & Flom

Lawrence W. Newman – Baker McKenzie, New York

William (Rusty) Park – Boston University

Dmitry Pentsov – FRORIEP legal SA, Switzerland

Joseph D. Pizzurro – Curtis Mallet, Washington, D.C.

Giulia Previti – Burford, New York

Mathieu Raas –Baker McKenzie, Amsterdam

Charlene Sun – King & Spalding 

Hannah van Roessel –Omni Bridgeway

David Zaslowsky – Baker McKenzie

Accommodations

Seaport Hotel (mention Foley Hoag to receive corporate rate)
1 Seaport Ln, Boston, MA 02210
For more information click here

Renaissance Boston Waterfront Hotel 
606 Congress Street, Boston, MA 02210
For more information click here 

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