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.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

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WilliamOBrien@eversheds-sutherland.us

William T. O'Brien

Partner

Washington, DC, United States | New York, United States

katiafinkel@eversheds-sutherland.com

Katia Finkel

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United Kingdom

levongolendukhin@eversheds-sutherland.com

Levon Golendukhin

Counsel

New York, United States

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