Developments in Protective Procedural Measures
For parties engaged in shipping disputes, the rules for protective measures changed abruptly when wire transfers passing through New York became off-limits to “Rule B” attachment. Obtaining pre-judgment security remains as important as ever though. What opportunities remain? On 2 February 2011, the London Shipping Law Centre hosts a panel addressing that key issue. The panel will discuss how using the protective measures available in financial capitals like New York continues to provide the ability to obtain pre-judgment security. The panel will be composed of speakers with extensive experience in all aspects of US and UK protective measures and they will explain their views on how to prevent a successful judgment or arbitration award from becoming a meaningless victory.
ISSUES TO BE DISCUSSED INCLUDE:
– Is Rule B dead or alive?
– What assets can still be seized under Rule B and can those assets belong to an “alter ego”?
– What assets can be seized if Rule C arrest rather than Rule B attachment is used?
– Are there other opportunities for ex parte seizures in New York?
– After a judgment is obtained how can Koehler Orders be used to enforce the judgment?
– What protective measures are available for commodities sales disputes?
– Have Freezing Orders melted?
– What can an arbitral tribunal do when an injunction is sought, and more importantly, what can’t it do?