EMTA Special Seminar: Arbitration in the Emerging Markets (NY) - Oct. 26 Arbitration in the Emerging Markets (NY) - Oct. 26
EMTA Special Seminar: Arbitration in the Emerging Markets (NY) - Oct. 26

Monday, October 26, 2015

360 Madison Avenue, 17th floor
(on 45th St. between Madison and 5th Aves.)
New York City

This EMTA Special Seminar will provide analysis and commentary by a panel of legal experts on the differing contexts in which arbitration arises in the Emerging Markets. 

Specific topics will include: 

  • Commercial vs. Investor-State Arbitration and their Attendant Advantages, and the Evolution of Commercial Arbitration with Sovereigns (Brazil, El Salvador, Kenya and Azerbaijan) and State-Owned Enterprises
  • Investor-State Arbitration with Origins in Iran Claims Tribunal, ICSID Convention and Bilateral Investment Treaties, including Expropriation (direct and indirect), MFN, National Treatment and Fair and Equitable Treatment; with Subject Matters and Cases Addressing Financial Instruments, including Sovereign Debt (Argentina and Greece)
  • Sovereign Immunity: Absolute vs. Restrictive Theory, and Arbitration as an Exception to Immunity
  • Immunity from Execution: FSIA Immunities Enforcement of ICSID Awards and Enforcement of UNCITRAL Awards - BG v. Argentina Supreme Court Case
  • Investment Arbitration and Sovereign Debt: Are Awards Any More Enforceable than Judgments?
  • Theories of Liability (Abaclat and Greece) and Defenses (Postova) in Sovereign Debt Cases, including Mass Claims Issues
  • Arbitration and Enforcement in the UK Courts and Why Issuers (Sovereigns and  Non-Sovereigns) are Using it
  • Developments in Investor State Arbitration - Argentina, Venezuela, Spain, Czech Republic, Ukraine, Libya and Belize
  • Mega Awards – Yukos
  • Development of the Secondary Market for Arbitration Awards Generally - Expropriation Claims and Sovereign Debt Characteristics of the Market
  • Development of Insurance for Collection of Awards
  • Litigation Funds - A Better Way to Gain Exposure to the Market in Arbitration Awards?
  • Arbitration as a Tool for Bond Restructuring - Tristan Oil Case

11:45 a.m. Registration  

12:00 noon – 2:00 p.m. Panel Discussion
Whitney Debevoise (Arnold & Porter) - Moderator
Jeffrey Sullivan (Allen & Overy)
Mark Cymrot (BakerHostetler)
Alexander de Gramont (Dechert)

Lunch will be provided 

Support provided by Allen & Overy, BakerHostetler and Dechert.

This Special Seminar is part of a continuing series of panels and presentations that EMTA is pleased to sponsor on various topics of interest to Emerging Markets investors and other market participants, and is part of EMTA’s Legal & Compliance Seminars*.

*CLE credit will be available for NY attorneys.  This seminar is non-transitional and appropriate for experienced attorneys only.  Please click here for details on EMTA’s Financial Hardship Policy.

Registration fee for EMTA Members US$95 / US$695 for non-members.