Litigation, Arbitration and Asset Recovery Against Sovereigns
Feb 21, 2024
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Join John and Dennis as they dive into intricate legal battles against sovereign states, discussing challenges in debt recovery, investor-state arbitration, and legislative support for sovereigns. They explore cases against state sponsors of terrorism, complexities of enforcing judgments, and the evolving US stance on arbitration awards.
Challenges in collecting judgments post-default by sovereign states
Evolution of debt restructuring strategies impacting sovereign debt litigation
Deep dives
Overview of Sovereign Disputes and Practice Locations
Sovereign disputes encompass various types, such as those arising from sovereign debt, investor state disputes, and litigation against sovereigns. Dennis Feranski discusses how his firm navigates these complexities. He highlights the challenges of collecting judgments post-default by sovereign states.
Challenges in Sovereign Debt Litigation and Enforcement
Sovereign debt litigation presents unique challenges, including issues of collection and enforcement. Dennis Feranski delves into the landscape of sovereign borrowing and the evolving nature of debt restructuring. He discusses recent developments in sovereign debt instruments, such as collective action clauses, affecting litigation strategies.
Insights into Investors State Disputes and Enforcement of Awards
Investor state disputes involve intricate legal frameworks and enforcement dynamics. Dennis Feranski sheds light on ongoing cases against Spain and Russia, emphasizing the complexities of enforcing awards against sovereign entities. He explores the implications of legal challenges in pursuing claims relating to renewable energy investments and terrorist activities.
Case Study: Litigation Against Iran for Terrorist Activities
A compelling case against Iran reveals the complexities of seeking redress for terrorist acts. Dennis Feranski shares insights into a recent filing against Iran for their involvement in the October 7 tragedy. He discusses the legal strategies, challenges, and the anticipated hurdles in proving causation and securing damages in such sovereign disputes.
John is joined by Dennis Hranitzky, partner in Quinn Emanuel’s Salt Lake City, New York and London Offices, Head of the firm’s Sovereign Litigation practice and Co-Head of the firm’s Global Asset Recovery Practice. They discuss various kinds of litigation, arbitration and collection actions against sovereign states. They discuss collection cases against sovereign states resulting from those states’ default on debt instruments, the challenges faced by creditors who hold out after most creditors agree to a debt restructuring arrangement with the sovereign, recent proposed legislation any other government actionsfavoring sovereigns, the current sovereign debt crisis, and concerns about opportunistic funds who seek profit by collecting on devalued sovereign debt. They also discuss investor state arbitration generally, for example, after a company has invested in a project in a country and the country fundamentally changes the terms under which the investment was made, such as radically raising taxes as Spain did with respect to renewable energy projects after 2008. They discuss the position taken by the EU that EU courts cannot enforce arbitration awards against EU nations even when the nation entered voluntarily into an arbitration treaty and recent indications that the United States government supports the position of the EU. Finally, they discuss litigation against sovereigns unrelated to sovereign debt, such as litigation against state sponsors of terrorism including the lawsuit Quinn Emanuel recently filed against Iran on behalf of victims of the October 7, 2023 Hamas attacks.