When winning isn’t enough – asset recovery in the face of enforcement obstacles

Registration for this event will open shortly.

This two-part talk will discuss enforcement challenges and how to overcome them.

Panel one: Our first panel will discuss enforcement of judgments and awards against fraudulent defendants in cross border enforcement litigation. It will cover how dishonest defendants often seek to avoid judgment, from structuring assets opaquely or moving them, to more extreme measures such absconding from the jurisdiction. It will conclude by discussing how creditors can best overcome these tactics and craft a winning asset recovery strategy.

Panel two: Our second panel will discuss enforcement against states. It will discuss key aspects of state immunity, from interpreting immunity waiver clauses through the State Immunity Act in an enforcement context. It will cover how states frequently seek to resist enforcement on the basis of immunity, even if this issue has already been determined by a tribunal, and how creditors can counter these arguments.