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July 2024

your monthly collection of the most important articles, cases, and happening in the asset recovery industry

Articles

La Française IC 2 v. Wires: Abuse of Process in Arbitral Enforcement Proceedings, Singleton Urquhart Reynolds Vogel LLP, Lexology, available here.  

Background Paper: Compliance with and Enforcement of ICSID Awards, ICSID, available here. 

Execution and Discovery Tools Post-Recognition and Enforcement of Arbitral Awards in US Courts, Viren Mascarenhas, Lexology, available here

Arbitration award risks Russian gas flows to end before year-end, Gas to Power Journal, available here

Foreign Discovery Insights 2 Years After ZF Automotive, Michael Morkin, Adam Weg and Benjamin Paull, Law360, available here

Practical uses of AI in asset tracing, Joanna Curtis, Fraud Intelligence, available here

Switzerland sends $28.9 million in recovered corrupt proceeds to Brazil, GIR, available here

No Offence Taken: Canadian Courts Enforce Foreign Arbitral Awards Made in Accordance with Parties’ Agreement, Craig Ferris & Scott Lucyk, Chambers & Partners, available here

Unveiling the Legal Battle for Asset Recovery in the FTX Collapse, The GWW, available here

Recognition and Enforcement of Money Judgments between the People's Republic of China and the United States of America: A Comparative Analysis, Sui To Godfrey Ng, available here. 

 

Hong Kong Arbitration Award Properly Enforced in US Dollars, Bernie Pazanowski, Bloomberg, available here

Former Yukos Shareholders Achieve Milestone with €1.6 Million Auction of Russian State-Owned Liquor Trademarks, GML, available here

Chambers Litigation Support Guide. Explore rankings of the leading litigation funders, litigation PR agencies, forensic accountants, business intelligence firms and asset tracing specialists, and many other litigation support specialists; available here​​

2

Orders and Opinions

  • British Virgin Islands:  ​The BVI Commercial Court has issued a landmark decision clarifying the common-law principles surrounding the enforcement of foreign judgments; read more here

  • Colombia:  Colombian Supreme Court refuses to recognise treaty award; read more here

  • Trinidad and Tobago:  ​A court in Trinidad and Tobago has recognised a US$2 billion ICC award won by ConocoPhillips against Venezuela’s national oil and gas company PDVSA – as the US company seeks to recover the US$1.3 billion it says it is still owed; read more here and here.

  • United Arab Emirates:  Abu Dhabi Court holds that abolishment of the DIFC-LCIA arbitration centre does not lead to unenforceability of arbitration agreements that refer to the DIFC-LCIA; read more here.

  • United Kingdom:  ​A Chinese investor seeking to enforce a US$70 million investment treaty award against Nigeria has been granted final charging orders over two UK residential properties owned by the state; read more here

  • United States:  

    • The Delaware Court of Chancery “reluctantly” confirmed an arbitrator’s award arising from a post-closing purchase price adjustment dispute between a seller of a chain of grocery stores and a private equity buyer, resulting in the bizarre result of the seller owing the buyer approximately $87 million for the acquisition of those stores; read more here

    • AI Co. UiPath's $70M Award Over Chinese Code Theft OK'd; read more here

    • California court enforces Korean airline catering award; read more here

3

Notable Filings 

  • United States:  

    • ​Glacial Capital, LLC and TRSE Holdings LLC filed a breach of contract action against the Province of Buenos Aires; read more here.

    • ​Credit Suisse bondholders take AT1 campaign to the U.S. District Court, Southern District of New York; read more here

    • ACF Renewable Energy Limited moved before the U.S. District Court for the District of Columbia today to recognize and enforce a 60 million euro arbitration award against the Republic of Bulgaria; read more here

    • GPGC LIMITED files its motion for default judgment against Ghana; read more here

    • Poland moves to dismiss the enforcement proceeding initiated by Mercuria Energy in the U.S. District Court for the District of Columbia; read more here

4

Legislation

Ethiopia: New Asset Recovery Draft Bill Aims to End Economic Crimes in Ethiopia; read more here

Singapore:  Singapore Publishes National Asset Recovery Strategy; read more here

United Kingdom:  The United Kingdom ratifies the 2019 Judgments Convention; read more here

5

Jobs

Brasília, Brazil:  Nelson Wilians Advogados, Advogado Cível - Recuperação de Ativos; read more here

Geneva, Switzerland:  Monfrini Bitton Klein, Avocat; read more here

London, England:  Stephenson Harwood LLP, Restructuring & Insolvency (Contentious) - Associate; read more here

New York, United States:  Burford Capital, Counsel; read more here

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copyright © Global Asset Recovery Network LLC. Content is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. 

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