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Our speakers (Yuri Parkhomenko, Partner at Foley Hoag, Ahmed Elsisi, Counsel at Sidley Austin, Ashika Singh, Counsel at Debevoise, and Domenico DiPietro, Independent Arbitrator) will delve into the world of enforcing BIT awards against sovereign states, focusing on the challenges of recovering sovereign assets to settle damages. The panel discussion will be moderated by Andrii Chornous, President of the Stanford International Arbitration Association, and it will cover the following subtopics:
(i) The concept of sovereign immunity and its application in international conventions and recent decisions of English courts.
(ii) Exploration of strategies to distinguish state assets from those used for commercial purposes in the context of BIT arbitral awards.
(iii) Navigating sovereign immunity in the U.S. courts under the FAA and New York Convention. Discussing case law.
(iv) Extension of sovereign immunity to state agencies.
(v) The interplay of international sanctions and arbitral award enforcement. Examining how international sanctions impact the enforceability of arbitral awards against sovereign assets.