Cross-Border Clashes and Cooperation Among Courts
This session will explore judicial initiatives in the area of cross-border judicial communication and cooperation, a topic that has been thrust into the spotlight due to recent developments in the 'Liberia v. ACE' asset recovery/litigation funding case at federal court in the United States.
In the area of insolvency and restructuring, the Judicial Insolvency Networks 'Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters' was developed in Singapore last October. So far, they have been implemented in four jurisdictions (Delaware, Southern District of New York, Singapore and Bermuda, with more expected to come soon).
There may well be similar initiatives for judicial communication and cooperation emerging in other fields, possibly including company law, arbitration, judgment and arbitral award enforcement, and yes, fraud and asset recovery.
Partner, Shook Hardy & Bacon (Chicago)
Commercial Court Judge (BVI)
Judge, Ontario Superior Court (Toronto)
Professor of Law, University of Michigan Law School (Ann Arbor)