When arbitration meets crime
31 Jan - 2 Feb 2024
America do Sul room - floor E2
Session information
To prevent or to prosecute? That is the question - arbitration proceedings in relation to due diligence and fraud red flags
Thursday 1 February (1415 - 1545)
Description
Arbitration cases and due diligence can have different connections, with criminal law implications on the background. Sometimes arbitral tribunals determine whether an investor has exercised due diligence in light of certain circumstances, that may have criminal relevance. Sometimes it is the other way round: before performing a transaction, the companies involved carry out a due diligence, which leads to the discovery of warning signs from a criminal law perspective and, consequently, to a claim to be managed through an arbitration. Time is often a key factor: red flags in terms of prevention or prosecution of potential frauds shall be taken into account within proper timeframes for both criminal and arbitration cases. How all these tricky situations can be properly faced from both an arbitration and a criminal law perspective?
Session / Workshop Chair(s)
Filippo Ferri | Cagnola & Associati Studio Legale, Milan, Italy; Senior Vice Chair, Business Crime Committee |
Natalia Mizrahi Lamas | Ferro Castro Neves Daltro & Gomide, Rio de Janeiro, Brazil |
Speakers
Miguel Almada | Cuatrecasas, Lisbon, Portugal |
Ana Rita Duarte de Campos | Abreu Advogados, Lisbon, Portugal |
Sarah Ganz | Wilmer Cutler Pickering Hale and Dorr LLP, London, England |
Fernando Tamayo | Vedder Price, Miami, Florida, USA; Publication and Newsletter Editor, Business Crime Committee |