June 2024
your monthly collection of the most important articles, cases, and happening in the asset recovery industry
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Articles
Asset recovery and NPLs in Central and Eastern Europe, Matthew Toma, Burford Insight & Research, available here.
Late confirming your arbitration award? No problem!, Global Asset Recovery Journal, available here.
Do National Courts Really Give Effect to 90% of All International Arbitral Awards?, Christopher R. Drahozal et al, Kluwer Arbitration Blog, available here.
Hong Kong SAR courts unlikely to intervene in arbitration award outcomes, Karah Howard, Pinsent Masons, available here.
Can McCarran-Ferguson Take Away the Right to International Arbitration? Federal Courts Disagree, Steptoe LLP, available here.
‘Bias’ as a Ground to Challenge Enforcement of Foreign Arbitral Awards in India, Khaitan & Co., available here.
International Arbitration in Morocco, Aceris Law, available here.
Cross-border insolvency. Interpretation and application in Romania of the UNCITRAL Model Law on Cross-Border Insolvency, Dr. Nicoleta Mirela Nastasie, available here.
Second Edition of Judges' Guide to the Interpretation of the 1958 New York Convention, developed by ICCA’s Judiciary Committee, available here.
The go-to guide for all things New York Convention has an updated website, available here.
Quick Guide 30: Asset recovery legislation – best practices, Basel Institute for Governance, available here.
Stolen Assets Recovery Framework: There is much room for improvement, Sankhitha Gunaratne Daily Mirror, Sri Lanka, available here.
Practical Challenges of Recognition of Arbitration Agreements and Enforcement of Foreign Arbitral Awards in Iran, Daily Jus, available here.
Enforcement of Arbitral Awards in Nigeria and the Challenge of Time Limitation, Harlem Solicitors, available here.
Asset Recovery in Commodities: Know your Tools, Blackstoen & Gold, Lexology, available here.
Client Guide to Judgment Enforcement, Reed Smith, New York Law Journal, available here.
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Orders and Opinions
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France:
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The Paris Court of Appeals addresses whether annulment proceedings can be stayed pending a decision in foreign criminal proceedings; read more here.
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The Paris Court of Appeals holds that an ongoing foreign insolvency proceeding does not necessarily impact a company’s ability to participate in annulment proceedings before a French court; read more here.
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Italy: Italy overturns intra-EU award in Sweden; read more here.
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Russia: Russian court seizes assets of European banks; read more here.
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Singapore:
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Indonesia fails to halt enforcement in Singapore with fraud defence; read more here.
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Laos Successful in Obtaining Enforcement of ICSID Costs Awards in Singapore; read more here.
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Switzerland:
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Swiss court upholds intra-EU award and rejects Komstroy ruling; read more here.
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Supreme Court of Switzerland rules that US receivers appointed over assets (pursuant to Rule 66 Federal Rules of Civil Procedure) are not welcome in Switzerland to collect Swiss located assets and raise related claims; read more here.
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Ukraine: Cargill enforces against fruit juice tycoon in Ukraine; read more here.
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United States:
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Crescent enforces Iranian gas award in the US; read more here.
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D.C. Circuit Affirms Denial of Romania Attempt to Avoid Arbitral Award by Micula Brothers; read more here.
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Notable Filings
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United States:
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Hulley Opposes Russia's Appeal before the D.C. Circuit; read more here.
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Default Proceedings Underway in Award Confirmation Case Against Ghana before the U.S. District Court for the District of Columbia; read more here.
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Swiss Re Moves for Default Judgment in Action Seeking Confirmation of $11.3 Million Award; read more here.
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Construction Co. Opposes Guatemala's Motion to Dismiss; read more here.
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Samsung Group Investor Moves to Confirm Arbitration Award Against Korea; read more here.
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Nicaragua Seeks to Enforce ICSID Costs Award in the US; read more here.
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Legislation
European Union: Commission welcomes Council decision on the use of proceeds from immobilised Russian assets for Ukraine; read more here.
Moldova: Enhancing National Assets Recovery in Moldova through cooperation with U.S. Department of Justice; read more here.
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Upcoming Events
June 4: London International Disputes Week, session: 'Exploring the global enforcement landscape'; details here.
June 5-7: FIRE Americas, Cayman Islands; register here.
June 6-7: Anti-Corruption & Asset Recovery Conference, IBA, ICC FraudNet, Mauritius; register here.
June 7: UNCITRAL, Insolvency Law Conference, Belgrade, Serbia; details here.
June 7: Bucharest Arbitration Days, session: 'Enforcement of Investment Arbitration Awards in National Courts: Recent Developments and Future Trends,' Bucharest, Romania; register here.
June 8: Navigating the Future of Arbitration, Competition Law and Asset Recovery, ICC FraudNet, ICC Spain, ECIJA Abogados, register here.
June 11: The After Life of Arbitral Proceedings: Finding Finality, Wolters Kluwer, webinar, register here.
June 19: Creative Methods for Tracing Assets, K2 Integrity, register here.
June 25: Crypto in Disputes Forum, session: ‘Assessing the Obstacles to Recovering Digital Assets, Tracing, Bringing Claims and Pursuing Them', London, UK; details here.
June 25-27: Asset Recovery Series Americas, Washington, D.C.; register here.