Arbitration in a “No Rules” Geopolitical Era: How to Handle Evasive Opponents

Presentation

In a new era of geopolitical shocks and changing rules, counterparties are using increasingly sophisticated and aggressive tactics to obscure their identities, obstruct accountability and frustrate enforcement in arbitration.

Criminally charging international arbitrators and lawyers who take politically sensitive cases, forcibly moving cross-border disputes to friendly domestic courts, and limiting access to data are becoming a new norm as the world’s stronger players forcibly displace common rules with their interests.

Drawing on legal and investigative perspectives, our panellists will discuss:
- The value of understanding the political context of an arbitration, including the counterparty’s political connections, their ability and intent to obstruct proceedings and enforcement
- Unravelling complex ownership arrangements, including nominee structures and layered entities
- Tribunal approaches to concealment, dishonesty, and obstructive conduct
- Evidentiary inferences and procedural tools to address opacity
- Challenging the impartiality or integrity of opposing experts or arbitrators and understanding political motivations
- The impact of sanctions on arbitral processes and client representation
- Cross-border enforcement strategies in cases involving counterparties engaged in evasive behaviour or asset dissipation