ENFORCEMENT OF JUDGMENTS IN PRACTICE

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Presentation transcript:

ENFORCEMENT OF JUDGMENTS IN PRACTICE OVERVIEW SOME SPECIFIC CASES: IN RE CODELCO IN RE THE KUWAITI INVESTMENT AUTHORITY KILDERKIN V. PLAYER IN RE THE CAYMAN ISLANDS SHIPS REGISTRY MONTESINOS WARRANTS IN REM: IN RE CRUZ LONDONO; IN RE LEON AND FOUR OTHERS IN RE FALCONE

CONCLUSIONS NEED TO OBSERVE DUE PROCESS BUT ACT QUICKLY CORRUPTION STRONG CASE FOR IN REM PROCESS OF RECOVERY VOLUNTARY EARLY DISCLOSURE AS PRECUSOR TO A FORMAL REQUEST PUT BANK ON NOTICE- CONSTRUCTIVE TRUSTEESHIP, OTHER LIABILITIES TIPPING OFF PROHIBITTED BEWARE THE COSTS IMPLICATIONS- STATE SHOULD HAVE IMMUNITY WHEN SEEKING TO ASSIST FOREIGN STATE IN BONA FIDE EFFORT TO ENFORCE THE CRIMINAL LAW FROZEN ASSETS MAY BECOME DEFENDANT’S WAR CHEST LAWS SHOULD ALLOW REPATRIATION FOR RESTITUTION NOT CONFISCATION TO LOCAL REVENUE DEVELOP PRACTICAL PROTOCOLS FOR MUTUAL LEGAL ASSISTANCE TO SAVE TIME, EFFORT AND COSTS