Managing the Recalcitrant Counterparty in International Disputes: Peremptory Orders, Contempt, and Cross Border Protective Measures

In a geopolitical climate that increasingly strains the ideal of arbitral neutrality and respect for tribunals, managing proceedings against recalcitrant counterparties demands a broader strategic approach that draws on under used tools within both the arbitral and judicial arsenal.

In this session, McDermott Will & Schulte will draw on significant recent cases before the English courts in arbitration related proceedings in which the firm has acted, demonstrating the effective use of peremptory orders obtained and enforced under Sections 41 and 42 of the Arbitration Act 1996 and anti-enforcement relief against unlawful proceedings under Section 37 of the Senior Courts Act 1981. The discussion will also address other strategic considerations, including the joinder of third parties and applications for foreign security for claims.

Co-hosted with Alan Maclean KC of Blackstone Chambers, the discussion will combine practitioner insight with arbitral perspectives on managing due process, enforceability, and tribunal authority in complex cross-border disputes.

The session will conclude with an opportunity for networking and discussion.