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)

America do Sul room - floor E2

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

Session presentations