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Contract analysis / master-enforcement-strategy-memo.docx
master-enforcement-strategy-memo.docx
High · 2
Medium · 3
Standard · 0
1. Executive Summary
Medium
⚑ Forum / governing law
1. Executive Summary This memorandum constitutes the comprehensive strategy document governing the multi-jurisdictional enforcement campaign conducted by Calderwood & Harkness LLP ("C&H") on behalf of Thalassa Shipping & Logistics SA ("TSL") in connection with the final award dated 28 June 2024 (the "Award") rendered by the tribunal in LCIA Arbitration No. 224718 in favour of TSL against Korinthian Maritime Holdings
2. Background
Medium
⚑ Forum / governing law
2. Background 2.1 The Client Thalassa Shipping & Logistics SA ("TSL") is a Société Anonyme organised under the laws of the Hellenic Republic. Its registered office is located at 14 Akti Miaouli, 4th Floor, Piraeus 185 35, Greece. Its Greek tax identification number (AFM) is EL-801456729. TSL was founded in 1987 by the Papadimitriou family and has grown into a substantial participant in the international shipping and
3. Engagement Team and Local Counsel Network
High
⚑ Non-compete / exclusivity restraint
3. Engagement Team and Local Counsel Network 3.1 Calderwood & Harkness LLP (Lead Enforcement Counsel) C&H serves as lead enforcement counsel for TSL in connection with the multi-jurisdictional enforcement of the Award. C&H has overall strategic responsibility for the enforcement campaign, including the coordination of local counsel in each target jurisdiction, the management of the English proceedings, and the oversi
4. Asset Identification and Prioritisation
Medium
⚑ Forum / governing law
4. Asset Identification and Prioritisation 4.1 Summary of Known Assets The identification and prioritisation of KMH's assets has been a central component of the enforcement strategy from its inception. HP was engaged immediately following the issuance of the Award to conduct a comprehensive global asset tracing exercise. HP's work has produced a Preliminary Asset Tracing Report dated 15 August 2024 (Appendix A) and a
5. Jurisdiction-by-Jurisdiction Enforcement Strategy
High
⚑ Non-compete / exclusivity restraint
5. Jurisdiction-by-Jurisdiction Enforcement Strategy 5.1 England & Wales 5.1.1 Legal Framework England & Wales is the seat of the arbitration and the jurisdiction in which the most streamlined enforcement mechanisms are available. The principal legal instruments applicable to the English enforcement proceedings are as follows: • Arbitration Act 1996, section 66: This provision permits the holder of an arbitral award