The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process – A comparative perspective from the US and the UK

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In recent years, the enforcement of commercial and investment arbitration awards against sovereigns has been in the spotlight. In relation to enforcement against States and State-owned enterprises (“SOE”), the key question for award-creditors (and their funders) around the world is: How will we enforce the decision? 

This session will explain the fundamentals of enforcement of awards against sovereigns, provide an overview of the recent developments in award enforcement actions in the US and the UK, and offer practical considerations for award enforcement practitioners as they explore potential avenues to adopt the best cross-border enforcement strategy to enforce their awards against sovereign states and SOEs. 

The program will include topics such as: ICSID v. non-ICSID or New York Convention awards, the distinction between recognition, enforcement, execution, asset-tracing, third-party funding, sovereign immunity, attachment of assets, and out of court dispute resolution solutions.

 

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