Litigation and Business Crime and Civil Fraud’ joint seminar: Challenges in global asset recovery and enforcement of judgments

Curaçao, Dutch Caribean

11 April 2024 - 13 April 2024

Challenges in global asset recovery and enforcement of judgments

Thursday 11 April 2024

17:00 » 19:00 Welcome reception at Saint Tropez Ocean Club
Address: 152 Pietermaai Willemstad 
19:00 Dinner at MosaCaña
Address: Penstraat 41-43 Pietermaai, Willemstad

Friday 12 April 2024

07:15 Registration desk opens
08:15 » 08:45 Welcome address by the AIJA Bureau representative and the Organising Committee
08:45 » 09:45 Panel 1: Navigating complex terrain: let’s talk fraud

Join us for the kick-off opening panel of our seminar, where we delve into the intricate landscape of civil fraud litigation and asset recovery.

Through engaging discussions and real-world case studies, we will explore innovative strategies, legal frameworks, and collaborative efforts that are essential in navigating this multifaceted terrain.

ModeratorRuzbeh Hosseini, Cambridge LLP, Toronto, Canada

  • Jens Stadtmüller, Stadtmüller Dispute Consulting, Mannheim, Germany
  • Rogier van den Heuvel, VANEPS, Willemstad, Curaçao
09:45 » 10:15 Coffee break
10:15 » 11:15 Panel 2: Tracing digital assets – learn from the experts

As traditional notions of assets continue to expand beyond physical boundaries, the rise of cryptocurrencies and other digital assets has introduced a new dimension to the concept of intangible assets. In this panel, we will explore the complex world of tracing intangible assets in the digital age. This panel will feature legal experts and an asset tracing specialist, who will provide valuable perspectives on the challenges and share innovative strategies when searching for digital assets.

Moderator: Grégoire Chappuis, Niederer Kraft Frey, Geneva, Switzerland

  • Jamie Roberts, Quantuma, Cayman Islands
  • Johannes Wick, Hausfeld, Germany
  • Rosie Wild, Cooke Young & Keidan, England
11:15 » 12:15 Panel 3: Digital assets – which court and which law?

The intangible and often borderless nature of digital assets, including cryptocurrencies, NFTs and other forms of digital property, present challenges relating to jurisdiction and applicable law. On this panel, we will discuss the challenges associated with establishing jurisdiction in cases involving digital assets and the uncertainties regarding the applicable law. We will also discuss strategies for mitigating or minimizing such legal ambiguity, including the UNIDROIT Digital Assets and Private Law project.

Moderator: Katarzyna Szczudlik, SSW Pragmatic Solutions, Warsaw, Poland

  • Wajma Mangal, Mangal Legal, Hamburg, Germany
  • Carsten Otto, Wenger Plattner, Zürich, Switzerland
  • Kajal Patel, Cooke, Younge & Keidan, London, United Kingdom
  • Paul Sluijter, Houthoff, Amsterdam, the Netherlands
12:15 » 13:15 Lunch
13:15 » 14:15 Panel 4: Leveraging interim relief, disclosure orders and other measures to recover assets

Interim relief and disclosure orders can play a vital role in asset tracing and recovery, especially in cases involving intangible or digital assets. However, there are differences in how these orders can be sought and implemented in common law and civil law jurisdictions. In this session, we will explore how these orders can assist in asset search and recovery and discuss important distinctions between the different legal systems. We will also discuss potential other methods outside of interim relief and disclosure orders that may be helpful in asset search and recovery.

Moderator: Natalia Kabacińska, WKB Lawyers, Warsaw, Poland

  • Stefan Tuinenga, Lindenbaum, Amsterdam, the Netherlands
  • Nienke Lillington, Campbells, Grand Cayman, Cayman Islands
  • Michelle Lindholm, Pestalozzi, Zurich, Switzerland
  • Diego Maximin, Britton & Iglesias, Panama, Panama
14:15 » 14:45 Coffee break
14:45 » 15:45 Panel 5: The impact of international sanctions on enforcement proceedings – what are the chances of a Pyrrhic victory?

International sanctions have emerged as a tool for nations to assert influence, promote human rights, and discourage undesirable behaviors. However, the enforcement of international sanctions can have serious implications on enforcement proceedings of judgments. This panel will discuss how the imposition of sanctions may alter the dynamics of ongoing legal battles, stifle the enforcement of judgments, and potentially lead to unintended outcomes or 'pyrrhic victories'.

Moderator: Anouk Rosielle, Dentons Europe, Amsterdam, the Netherlands

  • Marcel Frey, Prager Dreifuss, Zurich, Switzerland
  • Adrian Zwettler, Binder Grösswang, Vienna, Austria
  • Christopher Wolters, Blomstein, Berlin, Germany
  • Gabriela Vásquez, Galindo, Arias & López, Panama, Panama
17:30 » 23:59 Dinner at Karakter
Address: Coral Estate, Rif St Marie, Willemstad

Saturday 13 April 2024

09:00 Registration desk opens
10:00 » 12:30 Applying insights to real-world scenarios - a mock case study in international fraud, asset tracing and judgment enforcement

In this engaging and interactive workshop, you will have the opportunity to put your knowledge and insights gained from previous sessions into practice by delving into a carefully crafted mock case centered around international fraud, asset tracing and the enforcement of judgments. Through collaborative analysis, group discussions, and guided exercises, you will devise effective strategies to address the complexities of the digital age and maximise recovery for your client.

  • Simon Boersen, Stek Advocaten, Amsterdam, the Netherlands
  • Evin Durmaz, Monfrini Bitton Klein, Geneva, Switzerland
  • Juan Mendoza, Sequor Law, Miami, Florida, USA
  • Charlotte Glaser, Cadwalader, London, United Kingdom
12:30 » 13:30 Lunch
13:30 Optional boat tour and barbecue with Blue Finn Charters