11:40 – 12:45

Thinking Ahead: Common Pitfalls in Preparing for Enforcement of Arbitral Awards

Moderator:

Giedrė Aukštuolienė

Ellex Valiūnas

Speakers:

Anke Meier

Noerr LLP (Frankfurt)

Krzysztof Sajchta

Rymarz Zdort Maruta (Warsaw)

Timur Bondaryev

Arzinger (Kyiv)

Karl Hennessee

Litigation & Investigations, Airbus SAS (Paris)

The panel will explore a range of issues arising in the application and enforcement of arbitral remedies. It will address the enforcement of specific performance orders, including their enforceability and the remedies available in cases of non-compliance. It will also examine interest orders, covering questions such as pre-award versus post-award interest, compound versus simple interest, and challenges caused by currency mismatches and statutory caps.

In addition, the discussion will focus on common drafting pitfalls, including ambiguous dispositive sections, inconsistencies between the reasoning and the operative part of an award, and non-severable remedies that may collapse if one part is refused enforcement. The panel will also consider multi-jurisdictional enforcement risks, such as parallel enforcement proceedings, inconsistent outcomes across jurisdictions, anti-enforcement injunctions, and tactical set-aside proceedings at the seat. Finally, it will cover conditional remedies, as well as the application and enforcement of interim measures.