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Judicial Secrecy and Suspension of Adversarial Proceedings Steven Philippsohn PCB Litigation LLP E-mail : snp@pcblitigation.com Web Site : www.pcblitigation.com 3 rd Annual Conference on Fraud, Asset Recovery & Cross Border Insolvency Cooperation Sao Paulo 7 th November 2013
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PCB Litigation Clients Financial Institutions Government Agencies State Enterprises International Businesses Investors/Shareholders © PCB Litigation 20132
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3 PCB Litigation Arbitration and Multi-Jurisdictional Court Proceedings involving : Multi million dollar claims by National and Global Banks attaching and recovering worldwide assets US$1.8bn dispute between offshore interests Claim by UK Government recovering assets in France, UK and other jurisdictions US$ 450m joint venture dispute between State Corporation and Middle Eastern energy corporation © PCB Litigation 2013
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Case Study 1 Client Bank obtained Worldwide Freezing Orders on a without notice basis Obligation of full and frank disclosure on Clients and Legal Team Service effected on Defendants simultaneously with their asset holders © PCB Litigation 20134
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Case Study 2 Receivership Appointment Undertaking as to damages Fortification of Undertaking Privilege against self incrimination © PCB Litigation 20135
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Case Study 3 Third Party Disclosure Orders Piercing the corporate veil Gagging element Payment of expenses and indemnity of liability © PCB Litigation 20136
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Judicial Secrecy and Suspension of Adversarial Proceedings Steven Philippsohn PCB Litigation LLP E-mail : snp@pcblitigation.com Web Site : www.pcblitigation.com 3 rd Annual Conference on Fraud, Asset Recovery & Cross Border Insolvency Cooperation Sao Paulo 7 th November 2013
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