The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process

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The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process

March 15, 2024

United StatesUnited Kingdom
United StatesUnited Kingdom
United StatesUnited Kingdom

New York Law Journal

Enforcement of arbitral awards against sovereigns is in the spotlight. Whether dealing with investment treaty or commercial arbitration awards, the key question for award-creditors (and their funders) against state or state-owned enterprise (SOE) respondents around the world is: will we be able to enforce the decision?
 
In this article published by the New York Law Journal, William O'Brien, Katia Finkel, Levon Golendukhin and Romy Descours-Karmitz, with experience on both sides of this debate, look at recent developments in award enforcement actions across the globe and offer practical considerations for award enforcement practitioners as they explore potential legal recourse on awards involving sovereign states and SOEs.

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WilliamOBrien@eversheds-sutherland.us

William T. O'Brien

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Katia Finkel

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United Kingdom

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New York, United States

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