INTERNATIONAL ASSET RECOVERY

SERGEY DANILOV, J.D.

COURSE OBJECTIVES:

The primary goal of this course is to better acquaint the students with the legal framework of recognition and enforcement of judgments in various jurisdictions, methods of asset recovery, and the challenges to enforcement of, and collection on, the judgments. The course will be taught primarily through discussion of international conventions and their application in particular jurisdictions, case law, and the study of practical examples. Guest speakers (such as lawyers and asset tracing specialists) will be invited to participate in order to share their practical knowledge and insights.

In their course papers, students will consider major issues relating to cross-border enforcement and asset recovery.

COURSE MATERIALS:

There is no textbook for this course. All readings required for each class will be posted on Moodle in advance. The students are expected to read all the materials marked "R" (for Required) and be familiar with relevant statutes provided under the Statutory Supplement caption and marked "S". The materials marked "O" (for Optional) are provided to expand your knowledge of the subject matter and are not required to complete the course.

GRADING SYSTEM: 100 points

Class Participation – 10 points

Mid-Term Exam – 30 points

Final Exam – 60 points

CLASS PARTICIPATION:

We will be using a modified version of the Socratic method throughout the course. Therefore, your contribution to the classroom discussion is an essential part of the learning process for all students. For these reasons, regular attendance and active class participation are mandatory. Maximum credit willonly be given for punctual (students must arrive not more than 10 minutes late to receive full credit), prepared and active participation in each class. For each class, you will be expected to have read the assigned materials and be prepared to discuss the issues raised in the assigned materials.

Attendance of at least 3/4 of all class meetings (i.e., 9 classes) is required; any additional missed classes up to 5 total missed classes will require either (i) a lowered grade for the course or (ii) the timely completion of make-up assignments in order to pass the course.

MID-TERM EXAM:

The mid-term exam will be an open book, take home exam. It will count for 30% of your total grade. The exam will be a paper similar to what the students may expect for the final exam, which will involve “issue spotting” and some objective questions.

 

FINAL EXAM:

A final exam will be provided at the end of the course and will count for 60% of your total grade. The final exam will be a paper, which will involve “issue spotting” and some objective questions. It will take place during the regular exam period at the end of the semester. The exam will be an open book, take home exam which must be completed within a fixed period of time.

Tentative Schedule of Classes (actual class content may be adjusted as the course goes on)

Class 1	Introduction and course overview. Bilateral and multilateral conventions and private law. International courts vs national courts. Common law courts vs civil law courts
Class 2	Drafting an enforceable contract. Choice of law. Remedies. Dispute resolution clauses. Service of process clauses. The Hague Convention on Choice of Court Agreements
Class 3	Service of process The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Alternative service methods. Local laws and regulations. Conflicts of laws
Class 4	Recognition of a foreign judgment. Exequatur in general. Bilateral treaties. The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. EU regulations and simplified procedures.
Class 5	Challenges to recognition and appeals. Jurisdiction Finality of the judgment. Violation of defendant’s rights (including service of process, fairness, due process). Default judgment. Public policy. Irreconcilability with a judgment made between the same parties. Fraud. Anti-suit injunction in Russia
Class 6	Arbitration and enforcement of arbitral awards. The UNCITRAL Model Law on International Commercial Arbitration. Application of national arbitration laws. Appeal of an arbitral award. Enforcement of arbitral awards. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Class 7	Post-judgment procedures. Mareva injunction (a worldwide freezing order.) Extraterritorial jurisdiction of US courts. The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Writ of execution, warrant of delivery, and similar court orders. Defenses
Class 8	Asset tracking and asset tracing. Differences between common law and civil law jurisdictions. Post-judgment discovery, disclosure, and similar procedures. Collecting evidence and tracing assets Admissibility of evidence. Securing assets
Class 9	Using private investigators. Identifying the subject and subject’s relatives, associates, and friends. Researching basic sources. Using information brokers. Using the Internet as an investigation tool. Conducting reconnaissance of the subject’s premises. Using non-traditional information sources and techniques
Class 10	Tracing cryptoassets. Cryptoassets as property. Blockchain pseudonymity vs anonymity. Nature of the wallets. Cryptoexchanges and discovery
Class 11	Bringing a case before US courts. Use of specific US statutes (RICO, etc.) Jurisdiction of US courts arising out of transactions in US dollars. Discovery, interrogatories, depositions. Subpoena duces tecum
Class 12	Wrap-up and discussion of cases