Ethics in International Arbitration Award Enforcement
April 13, 2021
The Journal of Enforcement of Arbitration
1 PM-2:30 PM ET | 10 AM-11:30 AM PT
The 90-minute panel will discuss topics such as:
- Ethical considerations for enforcement counsel in searching for and identifying assets.
- Ethical issues in presenting and pursuing an enforcement petition, including where questions are raised concerning the provenance of a foreign award.
- Counsel’s disclosure duties to a U.S. court concerning parallel foreign enforcement or set aside actions.
- Ethical issues arising from the involvement of third party funders.
- Dealing with confidentiality and other restrictions concerning the use of information obtained through discovery or proceedings in other jurisdictions.
- Service issues, e.g. what enforcement process can be served on the award debtor’s lawyer (and what papers may a lawyer refuse to accept).
- How to explain foreign set-aside proceedings to a U.S. court (e.g., where fraud or public policy is being claimed as a basis for denying enforcement).
- Updating the US court on the status of parallel foreign set-aside proceedings.
- Issues for counsel where the award debtor is a foreign government that is not recognized by the United States.
- Ethical issues arising when a potential award debtor explores asset-protection strategies.
*Please note there is a cost.