Enforcing foreign judgments: Strategies, tools & tactics from the trenches | CPDonline.ca

Enforcing foreign judgments: Strategies, tools and tactics from the trenches

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Credits
Substantive: 1.0
70 minutes
Published
2021
Presenter(s)
Naomi Loewith
Ira Nishisato
Myriam Seers
Wieger Wielinga
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
70 minutes
Price
$99.00 plus tax

A successful judgment or arbitral award is often only the first step in obtaining recovery for your clients.  The unsuccessful party frequently hides assets or refuses to pay, requiring extensive enforcement efforts. This panel of experienced lawyers will discuss how to lay the groundwork for successful recovery, options for preserving assets to prevent dissipation, and tools available across jurisdictions to facilitate prompt payments by unwilling debtors.  The strategies discussed will include those that help Canadian clients enforce judgments abroad, as well as foreign clients who look to recover proceeds in Canada.

Presenters

Naomi Loewith Director of Strategic Partnerships (Canada), and Investment Manager & Legal Counsel

Naomi Loewith is the Director of Strategic Partnerships (Canada), and Investment Manager & Legal Counsel at Omni Bridgeway.  Omni Bridgeway is a global leader in dispute finance, providing funding and management of disputes, and international enforcement of judgments and awards on all continents.

Naomi is responsible for nurturing and building key relationships with corporate clients, law firms and other industry partners. Naomi also serves as an Investment Manager and Legal Counsel. In that role, she assesses cases for funding, and acts as a sounding board for claimants and their counsel at all stages of their litigation.  Naomi obtained a J.D. from Harvard Law School, and clerked for Justice Morris Fish at the Supreme Court of Canada.
 
Prior to joining Omni Bridgeway, Naomi was a litigator at Lenczner Slaght LLP. In that role, Naomi conducted trials and appeals before all levels of courts and regulatory bodies.   Naomi is the Vice-Chair of the Advocates’ Society In-House Counsel Practice Committee, and is the co-chair of Ontario’s Harvard Law School Women’s Alliance.  Naomi also serves as a parent mentor for the Bob Rumball Center for the Deaf and as a Board Member for the Paul Penna Downtown Jewish Day School.

Ira Nishisato

Ira Nishisato is a commercial litigator and international disputes lawyer with Borden Ladner Gervais LLP in Toronto.  His practice focuses on complex commercial litigation, commercial fraud, investigations, cybersecurity and information technology litigation, and international disputes and judgment enforcement.  He has led complex international fraud litigation and investigations and asset recovery proceedings, and is a widely-recognized expert in in extraordinary remedies.  He has appeared in nearly 100 injunction proceedings before Canadian courts and has fashioned creative, leading-edge remedies to assist clients.  Ira has also brought numerous applications for the enforcement of foreign arbitral awards and judgments, for letters of request/letters rogatory, and other remedies against judgment debtors, including in complex cases involving sovereigns.

Myriam Seers

Myriam is the Vice-Chair of the ICC Canada Arbitration Committee. She practises at Torys LLP in Toronto, and has nearly 14 years of experience in international commercial arbitration, investor-state arbitration and domestic commercial arbitration in a variety of sectors. She has particular expertise in the mining, oil & gas, electricity (including renewable energy), transportation and agricultural sectors, and particular experience with and focus on disputes involving Latin America. She has been appointed as arbitrator by the International Court of Arbitration of the International Chamber of Commerce, and has experience as counsel in cases under all major institutional arbitration rules.  

Myriam is ranked as a “Future Leader” by the global publication “Who’s Who Legal: Arbitration” and “Up and Coming” by Chambers Canada: Dispute Resolution, which states that Myriam is “extremely bright and dynamic” and “attracts praise for her ability to understand and manage very complicated situations”.  

Originally from Montreal, Myriam is a fluent speaker of both English and French, and is fluent in Spanish, Portuguese and Italian. She is able to run proceedings in all of those language without interpretation or translation. She also reads German and has some knowledge of Mandarin Chinese.  

In addition to having been elected Vice-Chair of the ICC Canada Arbitration Committee, of which she will become Chair in September 2022, Myriam is a member of the ICC Commission, Canada’s representative on the Institute for Transnational Arbitration’s Americas Initiative, the Regional Editor for common law jurisdictions of the Delos Guide to Arbitration Places and a frequent guest lecturer on international arbitration in courses at Osgoode Hall Law School and McGill University. She is currently completing the Chartered Institute of Arbitrators’ Accelerated Path to Fellowship Program.  

Wieger Wielinga

Wieger Wielinga is responsible for Omni Bridgeway’s investment origination in (sovereign) awards and judgments globally and its litigation funding efforts both in EMEA and the UK.

With close to three decades experience in global litigation, litigation funding and enforcement, Wieger began his career in 1992 as an attorney at Loeff Claeys Verbeke (now Allen & Overy) specialising in litigation and insolvency matters. He has been an advising lawyer to the International Finance Corporation / World Bank on various emerging markets projects and has advised several multinationals on investments in former Soviet states. He has been an officer with the military intelligence service of the Royal Dutch Army, Russian language and interrogation unit. 

Wieger holds an MBA from INSEAD, Fontainebleau, a Masters in Law from Leiden University and a post doctorate degree in Insolvency Law from University of Nijmegen.

He is fluent in Dutch and English and proficient in Russian, German and French.

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