Mark Bravin and Theresa Bowman Highlighted in Law 360 for TIG Insurance Co. Client Win
International Disputes Chair, Mark Bravin and Partner Theresa Bowman were highlighted in the article, "DC Circ. Revives Insurer's Bid To Enforce Argentina Awards," published by Law360 on July 31, 2024.
From the article...
Counsel for TIG, Mitchell Silberberg & Knupp LLP partners Mark Bravin and Theresa Bowman, told Law360 on Tuesday that the panel's interpretation of the "made by" phrase will have important ramifications in similar future cases.
Bravin also noted that the appeals court ordered the district court to analyze whether, under the applicable source of law, TIG can enforce the choice-of-law provision against Argentina on a successorship theory.
"The takeaway is that when a sovereign is sued to enforce an arbitration award against one of its entities that no longer exists, if the facts show that it adopted the liabilities of the entity, then it also adopted the entity's contractual waiver of immunity and agreement to arbitrate - and therefore the arbitration award can be enforced against the sovereign even if the arbitration happened years earlier," he said.