Virtual

Challenging International Arbitral Awards

04 Oct 2024

Location: 12:00-1:00pm UK Time (Zoom)
Members: FREE to attend - Book by 04 Oct
Non Members: Register above as a member, and attend for FREE - Book by 04 Oct

Challenging International Arbitral Awards

Highlights

This is the fifth and final seminar. In this series, we have travelled through the lifecycle of the arbitration process. We are now nearing the end.

The Award Creditor has an Award in their hand. What do they have to do to get their hands on the assets?

Looking from the other side - is it too late for the Award Debtor? Is there anything that can be done at this late stage? What are the options available to it?

In this final seminar we will look at all the options available, from interpretation and correction of Awards under s.57(1) of the Arbitration Act 1996 through to grounds for challenge and setting aside in the English courts and then the recognition and enforcement of domestic and foreign awards, identifying the grounds for refusing recognition and enforcement and the procedure which has to be adopted.

The New York Convention, of course, will be central to our examination.

Lastly, we will finish the whole series by going full circle, back to where we started, looking at issues of enforcement to be addressed – or at least thought about - before the arbitration even starts.

David Parratt KC
Barrister
3PB

David Parratt KC (Scot) is a busy barrister, advocate and arbitrator. David has extensive court experience and regularly negotiates settlements in multi-million pounds claims. He is often involved in complex international commercial disputes.

David’s practice covers his key experience and interests in arbitration, construction & engineering claims, energy disputes (including oil/gas upstream claims), general commercial litigation and commercial contracts.

He is a practising barrister in England & Wales and was called in 2009 (Lincoln’s Inn). He is an non-practising member of the Faculty of Advocates (Scottish Bar), having practiced from 1999 to 2020 - taking Silk in Scotland in 2017. He is also a non-practising member of the Northern Irish Bar, calling in 2016.


David Parratt KC
David Parratt KC Barrister
3PB
Dr Zhen Ye
Barrister
3PB

Dr Zhen Ye is a busy advisory and court practice specialising in commercial, insolvency, company, construction and property law.

Zhen regularly appears in the High Court and County Court, acting for a wide range of clients. She is gaining recognition for her compelling and efficient advocacy, consistently demonstrating meticulous preparation. Her clients comment that Zhen is a “skilled advocate”, she is “diligent, intelligent and pragmatic as ever in difficult circumstances”, “exceedingly thorough, and “excellent…… both in preparation and in court”. Zhen is appraised for her “exemplary handling” of dispute and “meticulous preparation and command of the brief was masterful''.

Zhen is fluent in English and Mandarin Chinese and proficient in Cantonese Chinese and is especially in demand by China and South East Asia clients who value her approachability and attention to details.

Outside her busy work diary, Zhen’s interests are reading, especially Chinese literature, and hot yoga.


Dr Zhen Ye
Dr Zhen Ye Barrister
3PB
Mikhail Vishnyakov
Partner
Cooke, Young & Keidan

Mikhail is a partner at the dispute resolution boutique Cooke, Young & Keidan LLP. His expertise includes financial sanctions and disputes arising out of financial sanctions. He is a Fellow of the Chartered Institute of Arbitrations and has conducted arbitrations under the major arbitral institutions and rules, including LCIA, ICC, SCC and UNCITRAL, as well as commodities arbitrations, including under the FOSFA rules. Mikhail regularly acts in disputes concerning assets in or clients from the emerging markets, and disputes arising from legal restrictions. In addition to arbitration, Mikhail’s practice includes financial sanctions. He has extensive experience of disputes arising out of financial sanctions and advising on contracts impacted by financial sanctions. Mikhail’s experience also includes challenging an OFSI fine in a ministerial review and obtaining sanctions authorisations from the relevant authorities. 


Mikhail Vishnyakov
Mikhail Vishnyakov Partner
Cooke, Young & Keidan
Lucy Keane
Advocate, Barrister and Attorney
Signature Litigation (Gibraltar)

Lucy is a Counsel at Signature Litigation specialising in international arbitration and commercial litigation.

Lucy is qualified in five jurisdictions – Scotland (called to the Bar 1988); New York (2015); England & Wales (Barrister, Inner Temple 2019); Ireland (Barrister 2020); and Gibraltar (Barrister 2023). She is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and has particular expertise in international arbitration. She was recently appointed by the European Commission to its List of Arbitrators in Bilateral Trade Disputes with Third Countries.

Lucy’s commercial litigation experience includes shareholder disputes; commercial contracts; international trade and shipping; construction disputes; product liability; professional negligence and regulation; energy disputes and insolvency matters. Lucy is also experienced in fraud and asset tracing/proceeds of crime applications, and she is often called on to give sanctions advice. She has extensive advocacy experience and has appeared in courts at all levels in the UK.


Lucy Keane
Lucy Keane Advocate, Barrister and Attorney
Signature Litigation (Gibraltar)

Agenda

11:55am
Audience Log On
12:00pm
Chair's Opening Remarks
Speakers:
David Parratt KC - Barrister - 3PB
12:05pm
Challenging International Arbitral Awards
Speakers:
David Parratt KC - Barrister - 3PB
Dr Zhen Ye - Barrister - 3PB
Mikhail Vishnyakov - Partner - Cooke, Young & Keidan
Lucy Keane - Advocate, Barrister and Attorney - Signature Litigation (Gibraltar)
12:45pm
Panel Q&A
1:00pm
Chair's Closing Remarks
Speakers:
David Parratt KC - Barrister - 3PB

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