To SIGN UP please click on the events of your choice.

Loading Events

« All Events

  • This event has passed.

The Nuts And Bolts Of Legal Finance For International Arbitration Disputes: From The Merits Assessment To Enforcement Of Awards


September 27, 2022
8:00 pm to 9:30 pm EDT


Moderator:  Bethel Kassa (GST)
Presenter: Ankita Ritwik (Gibson Dunn)
Panelist: Nilufar Hossain (Omni Bridgeway)
Panelist: Erika Levin (Fox Rothschild LLP)
Panelist: Chris Weil (Mintz)
Panelist: William Mara (Validity)

Third-party funding (TPF) plays an increasingly important role in international arbitration. It offers innovative ways to finance arbitrations and enforcement of awards. TPF is a means to access justice for deserving but impecunious parties lacking the financial muscle to have their day before an arbitration tribunal. But TPF is also a risk-sharing mechanism for companies and parties who have investment priorities other than funding their own cases, and are willing to share the favorable damages awarded by arbitration tribunals.

The efficacy of arbitration as a dispute resolution mechanism depends, to a large extend, on whether the integrity of the award will be protected by the national courts in enforcement proceedings and treated as final and binding. Unsurprisingly, funders decide to finance or not a case by considering—in their due diligence analysis—the merits of the case, making a cost-benefit analysis, and performing an early assessment of recoverability of the amount of damages awarded by the arbitration tribunal. Therefore, key factors determining how attractive a case is to funders include integrity of the court system, legal consistency, and the strength of the enforcement process, in addition (of course) to whether opposing party has the means and identifiable assets to pay the award.

Enforcement of arbitration awards is complex, it requires knowledge of the local laws and procedures, and it often demands following multi-jurisdictional strategies deploying the legal tools available to reach the main assets and their location.

The panelists will explain the steps involved in funding international arbitration, detailing how the preliminary assessment is completed in early stages of commercial and investment arbitration cases, in collaboration with counsel for the funded party and asset tracers who would identify the assets and facilitate the collection of the damages awarded.

This panel will also discuss, among others the following issues:

  • How funders may decide to include costs of enforcement in the budget or not, if a battle of enforcement ensues?
  • The team strategy to maximize possibilities of enforcing an award and collecting the
    damages awarded.
  • The work with local counsel and other advisers when enforcing an award in multiple jurisdictions.
  • How to enforce against non-signatories of the contract at issue, or State-owned companies, who are related, and may possibly be controlled by the losing party? and
  • The challenges of enforcement proceedings against sovereigns in light of the coverage provided by sovereign immunity.

Contact us

September 26 - September 30

September 26 - September 30

International Dispute Resolution and the Ukraine-Russia Crisis

World Arbitration Update (“WAU”) invites you to attend a 75-minute webinar discussion by leading practitioners in the international dispute resolution field on the recent developments concerning the intersection of dispute resolution and the Ukraine-Russia crisis. According to the Kyiv School of Economics, Ukraine has so far experienced economic damage amounting up to $600 billion. Over $10 billion in airplane assets have been reportedly stranded in Russia setting off potentially large insurance claims and related disputes. Yale School of Management has collected data showing that almost 1,000 companies have publicly announced they are voluntarily curtailing operations in Russia to some degree beyond the bare minimum legally required by international sanctions. The Russian parliament continues to consider the expropriation of foreign assets. International disputes involving Russia and Ukraine are arising from the crisis and more likely to follow. Our speakers will discuss related topics, including: the impact of sanctions, the proposed formation of an international claims commission for Ukraine, the impact of the crisis on the legal profession, the potential and current international forums in which Ukrainian businesses and investors could submit legal recourse to address the consequences of the war in Ukraine, as well as an update on the ICJ case, Ukraine v. Russian Federation.

Before using this website, please read carefully the Disclamer, Privacy Policy

September 26 - September 30

Before using this website, please read carefully the Disclamer, Privacy Policy

The Actions of Russia, Countermeasures and Resulting International Disputes, Including Investor-State and Commercial Arbitration

September 26 at 6:00 pm to 7:30 pm GMT



JULY 12, 2022


6:00 pm to 7:30 pm GMT


Moderators: Gene Burd (FisherBroyles) (TBC)

Presenter: Rob Houston (K&L Gates Straits Law LLC)

Panelist: Tatyana Slipachuk (Of Counsel at Chief Legal Department of the Ukrainian Parliament, Special Advisor at Sayenko Kharenko Law Firm) (TBC)

Panelist: Raja Bose (K&L Gates Straits Law LLC) (TBC)

Panelist: Derek Loh (Deputy Director-General (Economic & Social), Attorney-General’s Chambers, Singapore) (TBC)

Panelist: Simon Chesterman (Dean, National University of Singapore School of Law) 

In response to the imposition of international sanctions on Russia for its invasion of Ukraine, Russia has imposed sweeping economic measures on foreign investors from States it considers “unfriendly”, including Singapore, the UK, the US, and EU Member States.  Both international sanctions on Russia and Russia’s own economic measures on foreign investors have had wide-ranging impacts across global market sectors, affecting foreign investors from around the world both directly through compliance mechanisms and indirectly through international commercial contracts.   

However, a number of venues exist for the resolution of the wide range of disputes anticipated to result from the current crisis.  In particular, foreign investors may still seek protection under investment treaties.  Currently, there are 62 BITs in force between Russia and other States, including 27 States that Russia has determined to be “unfriendly” as a result of international sanctions imposed on Russia.  Such treaties generally include substantive obligations to promote and protect foreign investment (e.g., to provide fair and equitable treatment, not to undertake unlawful expropriation of foreign investments, etc.) as well as for access to investment treaty arbitration against the Host State in certain circumstances.  Such public international law obligations under international investment treaties now appear at odds, for example, with recent economic measures imposed by Russia against foreign investors including: 

  • Currency Transfer Restrictions 

  • Transaction Approval Requirements 

  • Prohibition of Foreign Currency Export 

  • Restrictions on Debt Repayment 

  • Prohibition of Certain Exports and Imports 

  • Non-Enforcement of Intellectual Property Rights 

Also, the Russian Duma has considered additional measures (which many anticipate to be expropriatory) to effect the transfer of ownership or operation of certain foreign investments where foreign investors have ceased operating in Russia in the current climate of international sanctions. The resulting international legal climate arising from Russia’s actions in Ukraine breaks new ground in public and private international law. Practitioners are therefore broadly anticipating a wave of disputes both in international commercial arbitration and in investor-State arbitration, including with respect to claims advanced by covered investors in investment treaty arbitration against Russia for economic measures like the above.   

This panel will explore the implications of these developments both from a global perspective and a regional perspective in Southeast Asia, highlighting the following key points of interest: 

  • The Current International Sanctions Climate 

  • Regional Focus on International Sanctions in Southeast Asia 

  • Consideration of Current Venues for Disputes Arising from the Invasion of Ukraine 

  • Potential Mechanisms for Foreign Investors to Pursue Claims Arising from the Conflict in Ukraine in Investment Treaty Arbitration 

  • Anticipated Disputes and Issues in International Commercial Arbitration Prompted by the Conflict in Ukraine 

  • The Current Landscape for Sovereign Immunity and the Potential for Enforcement of Arbitral Awards Against State Assets 

This program will provide a brief summary of recent developments in relation to Russia’s invasion of Ukraine and identify key legal issues, including the interplay between international sanctions and customary international law (e.g., the characterization of countermeasures and the application of the law of State Responsibility (including State Defences) in Public International Law as well as issues arising in Private International Law and International Commercial Arbitration (such as Force Majeure).  The panel discussion will be followed by a Q&A period as well as a networking session.