The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process – A comparative perspective from the US and the UK

In recent years, the enforcement of commercial and investment arbitration awards against sovereigns has been in the spotlight. In relation to enforcement against States and State-owned enterprises (“SOE”), the key question for award-creditors (and their funders) around the world is: How will we enforce the decision? 

 

This session will explain the fundamentals of enforcement of awards against sovereigns, provide an overview of the recent developments in award enforcement actions in the US and the UK, and offer practical considerations for award enforcement practitioners as they explore potential avenues to adopt the best cross-border enforcement strategy to enforce their awards against sovereign states and SOEs. 

 

The program will include topics such as: ICSID v. non-ICSID or New York Convention awards, the distinction between recognition, enforcement, execution, asset-tracing, third-party funding, sovereign immunity, attachment of assets, and out of court dispute resolution solutions.

---

Will O’Brien guides clients through high-stakes international arbitration and litigation.  
He serves as lead counsel before all major arbitral institutions and US courts. Will develops global dispute resolution strategies for clients, with a focus on multi-jurisdictional and parallel disputes involving sovereign immunity/FSIA, laws of war, non-signatories, enforcement of arbitration awards and judgments, government contracts, treaties, Section 1782 discovery actions, joint venture and commercial contractual disputes, money laundering and fraud or corruption allegations, among other areas. He regularly manages high-profile cases in politically charged or hostile environments.
 
As lead counsel, Will has successfully handled matters spanning more than 40 countries throughout North America, Asia, Africa, Australia, Europe, the Middle East and Latin America. For more than 25 years, he has represented multinational companies in aviation/aerospace and defense, security, manufacturing, automotive, construction, energy, government, chemicals and plastics, telecom, transportation and infrastructure.
 
Will currently serves as a member of Eversheds Sutherland's Global Board of Directors and as the Co-head of the firm's Industrials Sector. Clients report to Chambers USA that “he is the most universal and versatile attorney I have ever worked with” and that "we prize Will above all others for his experience, efficiency and especially practicality."
 
Will writes and speaks regularly on international arbitration and litigation issues and has launched an initiative to foster greater use of artificial intelligence in cross-border disputes working in partnership with companies curating new technologies to serve the legal community. He is an adjunct professor of law at the Georgetown University Law Center, teaching international commercial arbitration with a focus on sovereigns and best practices in international contracting. Will also serves as faculty at the International Law Institute, educating lawyers from around the world on issues of comity, immunity and enforcement of treaties in international disputes.
 
He is a member of the International Chamber of Commerce’s (ICC) Commission on Arbitration and ADR, the International Bar Association’s Arbitration Committee, and the Steering Committee on international arbitration for the US Council on International Business.
 
Will strongly supports and provides pro bono counseling to the Global Fairness Initiative, an organization dedicated to helping raise the standard of living for the world’s working poor, and is a founding member of the American Cancer Society’s Judicial Advocacy Initiative, which is dedicated to protecting the rights of those with cancer.  
 
 
 
Katia Finkel is a Partner in our International Arbitration Practice.  She has significant expertise in both commercial and investment disputes, and advises clients on global dispute resolution strategy and settlement negotiation, and acts on their behalf in commercial and investment disputes under ICSID, ICC, LCIA and UNCITRAL Arbitration Rules.
 
Katia acts as counsel for and against governments in investor-state disputes, with a particular focus in the energy, mining and construction sector. Her practice focuses mainly on international commercial and investment arbitration. She acts on behalf of governments and private parties in energy, large construction projects and post M&A disputes, where she has extensive experience. Her practice mainly involves multijurisdictional issues and she regularly advises clients on investment structuring and restructuring.
 
Katia completed a nine-month secondment in Shell’s EMENA Litigation Group, working on a number of high-stake disputes. She taught international commercial and investment arbitration at King’s College London for several years. Katia writes and speaks regularly on international arbitration and issues affecting sovereigns, and recently co-authored a study on Corporate Restructuring and Investment Treaty Arbitration with BIICL.
 
 
Levon Golendukhin assists clients in all aspects of international dispute resolution with a focus on investment treaty arbitration, international commercial arbitration and transnational commercial litigation.  His clients range from sovereign States to private companies in the mining, agricultural, civil infrastructure, industrials, energy and transportation sectors.
 
Levon has represented clients before US federal and state trial and appeals courts, and in arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the American Arbitration Association (AAA) and the United Nations Commission on International Trade Law (UNCITRAL).
 
Levon also has experience advising sovereign States on post-conflict transitional justice and on legal reform of commercial law for the promotion of venture technology investment.
 
In addition, Levon co-chairs the International Investment and Development Committee of the American Bar Association and the Armenia Programs Committee of the Armenian Bar Association.
 
 
Romy Descours-Kamitz is a common law and civil law trained associate who advises on international arbitration and commercial dispute management.  She acts for corporate clients and high net-worth individuals in the resolution of complex cross-border disputes involving different jurisdictions and applicable laws. Her experience covers a variety of disputes, and a wide range of sectors, including energy, construction, insurance, pharmaceutical, manufacturing, IP/IT and leisure.
 
Romy has been involved in arbitration cases under the auspices of various arbitral rules (ICC, LCIA, ICSID, UNCITRAL, SIAC).
 
Romy is triple qualified (England & Wales, New York and France) and is fluent in English and French.
 
Prior to joining the firm in 2023, Romy was an arbitration and litigation associate in the London office of a top tier international firm from Asia and of a well-reputed Spanish dispute resolution boutique firm. She also worked as a construction dispute lawyer in one of the top US firms and as legal counsel/claims manager in the legal/risk department of a U.S. group operating in the energy and infrastructure sectors. nd cross-border dispute resolution.ashington DC office.