Asset Recovery Middle East and North Africa Day 1Monday, 14 October 2024 - AT (Arabian Time, GMT+03:00)

Whenever a fraud is discovered, key decisions have to be made quickly: where to base the investigation, whether to notify regulators or authorities, how to deal with press and/or stakeholders – and these are just the starting point. Alongside this, victims of fraud and their lawyers also needs to decide whether to launch a claim, where to do so, and what ancillary relief to seek (and where). All these things are urgent. Our panellists share their views on best practice for the critical period between discovering a fraud and launching proceedings. They will cover what should be prioritised, how to optimise work between lawyers in different jurisdictions, and how clients, lawyers and other professionals can help each other ensure success at the critical first hearings.

Each of our panellists discusses how their courts treat arbitration awards in enforcement proceedings, where allegations of fraud have been made. They will cover whether the courts will stay enforcement, what the test for doing so is, and what parties can do – whether to ensure a bona fide concern about fraud is dealt with, or to avoid a recalcitrant debtor delaying further.

Over the last year there have been numerous international judgments in cases involving sovereigns and asset recovery, including but not limited to state immunity in asset recovery claims. Our panel will discuss immunity and its role in asset recovery litigation: what can states do to best protect themselves and ensure their immunity is preserved? And what can claimants do to ensure awards are paid, even when they are dealing with a sovereign defendant claiming immunity? Finally, our panellists will cover unique aspects of litigating against sovereigns, including dealing with parallel criminal proceedings, and PR angles.