Counsel, Linklaters
On 6 February 2025, CEPANI40 organised its first event on the year, kindly hosted by NautaDutilh, dedicated to the enforcement of arbitral awards.
After welcoming remarks by Dirk Van Gerven (Brussels Managing Partner, NautaDutilh), the seminar was introduced by Lauren Rasking and Guillaume Croisant (Counsel at, respectively, A&O Sherman and Linklaters; CEPANI40 Co-Chairs).
Maarten Draye (Partner, Hanotiau & van den Berg; co-editor in chief of b-Arbitra) started the discussion by a masterful presentation of the recent trends and most interesting decisions in the case law of the Belgian enforcement and annulment judges, a topic on which he recently wrote a comprehensive contribution.
He was followed by Charlotte Van Themsche (Counsel, NautaDutilh), who set out brilliantly the interplay of the enforcement of arbitral awards with attachment proceedings. She provided insightful and practical insights on potential pitfalls on the necessity for the parties to think ahead to devise and implement the most adequate strategy.
Gabriele Ruscalla (Counsel, Liedekerke), appearing online, then tackled the topic of enforcement against States and public entities, including interesting comparative law developments and recent French cases (of direct relevance under Belgian law, as the legal criteria applicable to sovereign immunity from enforcement, based on international customary law, are similar on both side of the Quiévrain).
Finally, Rudy Hoskens (Senior Advisor and Belgium Country Leader for the Investigations, Diligence and Compliance practice, Kroll) delivered an informative session on how asset tracing is conducted in practice and why Belgium is a complicated jurisdiction in this respect. He also shared entertaining war stories and anecdotes from recent cases.
Participants could then enjoy drinks and canapés (as well as a surprise chocolate fountain!) during a networking reception generously offered by NautaDutilh.
