Conference programme

It is fair to say that acquisitive crime and diversion of assets takes place all around the world. The rationale behind this can vary, but no matter what the reason, there is one common trait: the perpetrator wants to keep the profit. Thus, sophisticated individuals prepare the schemes in advance, across more than one jurisdiction, while betting on the likelihood that the victims won’t be able to seek justice due to lack of funds. The purpose of this panel is to analyse civil and common law jurisdictions in order to understand what assistance is available for victims to give them a fighting chance. Additionally, the panel will address how the litigation funders can help victims to recover their assets.

This session will look at the following topics:

• Use of innovative techniques – Ukraine; and
• Evidence gathering in privacy-driven or complex jurisdictions (ie, Brazil, Liechtenstein, Switzerland and offshore).

This panel will discuss how to approach recovery of assets which, from a procedural, logistical or practical perspective may be challenging to trace, attach or to recover against (eg, intellectual property rights and specific commodities), or concern assets for which there is still little expertise (eg, digital assets).

This panel will discuss the feasibility and desirability of preparing an international model law to assist practitioners in making recoveries for plaintiffs and creditors. In particular, the session will reference the work underway by UNCITRAL Working Group V on the topic of civil asset tracing and recovery in insolvency proceedings, and UNCITRAL insolvency texts, such as:

• the 1997 UNCITRAL Model Law on Cross-Border Insolvency;
• the 2018 UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments; and
• the 2019 UNCITRAL Model Law on Enterprise Group Insolvency.

This session will cover:

• Obtaining redress for victims, with a spotlight on three jurisdictions covered in a joint publication between the IBA Asset Recovery Committee and the World Bank’s Stolen Asset Recovery Initiative; and
• Treatment of, and dealing with, alleged third-party rights (eg, ownership, pledges and fiduciary rights) in attached assets, and how to deal with situations in which the same assets have been seized by various means and authorities.

This session will discuss state immunity and asset recovery, seen from an asset perspective, for example:

• Which jurisdictions to avoid and which assets to look for;
• Whether it’s appropriate to request assistance from courts via the granting of interim relief (injunctions and discovery orders); and
• Other practical considerations.

The panel will also discuss the ‘tuna bond’ scandal

The recent waves of sanctions have had wide-reaching implications on client representation and dispute resolution – such as arbitration – generally. How has enforcement been impacted?