Enforcement of Arbitral Awards Against Sovereigns - Downloadable Electronic Product

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Enforcement of Arbitral Awards Against Sovereigns

About the Book:
TThe past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns.  Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement.  Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns.

One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced.  The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets.  This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions.  It is these inquiries in their broadest application that form the subject of this treatise.  With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law.

This book is divided into three parts.  The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement.   The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.

Part I

1. Introduction to the Enforcement of Arbitral Awards Against Sovereigns(Doak Bishop)
2. Treaty Obligations to Honor Awards and Diplomatic Protection (Lucy Reed & Lucy Martinez)
3. Sovereign Immunity (Craig Miles)
4. Settlement of Investor-State Disputes through Mediation -- Preliminary Remarks on Processes, Problems and Prospects (Jack Coe)

Part II

5. The Power of ICSID Ad Hoc Committees to Order Security when Granting a Stay of Enforcement (Margrete Stevens)
6. The Enforcement of ICSID Arbitral Awards (Antonio Parra)
7. Attachment and Execution on Commercial Assets (David Rivkin)
8.Attachment of Debts Owed to Sovereigns (Dana Freyer)
9.Enforcement Against Assets of State-owned Companies (Chris Dugan)
10. Political Risk Insurance for Collection of Arbitral Awards (Frederick Jenney)

Part III

11. Enforcement in the USA (Calvin Chan and Ed Kehoe)
12. Experience in the Courts of England and Wales (Judith Gill, Stephen Jagusch and Anthony Sinclair)
13. Enforcement in Switzerland (Michael Schneider and Joachim Knoll)
14. Enforcement in France (Sarah Francois-Poncet, Brenda Horrigan and Lara Karam)
15. Enforcement in The Netherlands (Pieter Bekker)
16. Enforcement in South America, The Cases of Argentina and Ecuador (Javier Robalino)

R. Doak Bishop is a Partner in the Houston office of King & Spalding LLP. Mr. Bishop has over 27 years experience focusing on international arbitration and litigation of oil and gas, energy, construction, and environmental disputes. He has developed a global reputation for his experience in international arbitration, serving both as an arbitrator and counsel in large business disputes.

Mr. Bishop presently serves as Chairman of the Institute of Transnational Arbitration and as a member of the U.S. delegation to the NAFTA Advisory Committee on Private Commercial Disputes. He has previously served as Chairman of the Litigation Section of the State Bar of Texas (1998) and Co-Chair of the American Bar Association International Litigation Committee (1998-1999). His experience in litigation and arbitration includes international litigation and arbitration, oil & gas and energy disputes, construction disputes, environmental disputes, and high technology disputes

Mr. Bishop received his B.A. degree with high honors and departmental distinction from Southern Methodist University in 1973, and his J.D. degree with honors from The University of Texas in 1976 where he served as Research Editor of the Texas Law Review.

Contributors Included:

Pieter H.F. Bekker, Partner, Crowell & Moring LLP
James E. Berger, Attorney, Paul Hastings LLP
R. Doak Bishop, Partner, King & Spalding LLP
Jack J. Coe, Jr., Professor of Law, Pepperdine University School of Law
Jacques F. de Heer, Staff Attorney, Rechtbank (Ordinary Court of First Instance), Rotterdam, The Netherlands
Christopher F. Dugan, Partner, Paul Hastings LLP
Sarah Francois-Poncet, General CounselChanel S.A.
Dana H. Freyer, Partner, Skadden Arps Slate Meagher & Flom LLP
Judith Gill, Partner, Allen & Overy LLP
Brenda D. Horrigan, Partner, Salans LLP
Stephen Jagusch, Partner, Allen & Overy LLP
Frederick E. Jenney, Partner, Morrison & Foerster LLP
Lara Karam, Attorney, Skadden Arps Slate Meagher & Flom LLP
Edward G. Kehoe, Partner, King & Spalding LLP
Joachim Knoll, Partner, Brown & Page LLP
Lucy Martinez, Attorney, Freshfields Bruckhaus Deringer LLP
Craig S. Miles, Partner, King & Spalding LLP
Antonio R. Parra, Secretary General, International Council for Commercial Arbitration
Lucy Reed, Partner, Freshfields Bruckhaus Deringer LLP
David W. Rivkin, Partner, Debevoise & Plimpton LLP
Javier Robalino, Partner, Perez Bustamante & Ponce
Michael E. Schneider, Partner, Lalive Avocats
Anthony Sinclair, Attorney, Allen & Overy LLP
Margrete Stevens, Consultant, King & Spalding LLP
Christopher K. Tahbaz, Partner, Debevoise & Plimpton LLP