Martin Gusy will speak at the Paris Arbitration Week. Martin will participate in a panel discussion titled “Monetizing the Award: The Emergence of Secondary Markets and ‘Award Flip’ Strategies.” The panel is hosted by the Organization of Islamic Cooperation Arbitration Centre. This session examines the evolution of arbitral awards from legal victories into tradable financial assets within international arbitration. Unlike general third-party funding discussions, it focuses on exit strategies—specifically, scenarios in which claimants sell awards to specialized funds at a discount to obtain immediate liquidity rather than wait several years for enforcement.
As the secondary market for arbitral awards expands, the panel will explore its implications for practitioners and investors, including:
- Why it’s unique: It treats an arbitral award as a financial commodity rather than just a legal victory.
- Practice-Oriented Focus:
- How to structure a ‘partial sale’ of an award to manage litigation risk.
- The ethics of ‘Award Flipping’: Does the lawyer’s duty of confidentiality change when the client is no longer the original party?
- Working with “Discovery Counsel” and private investigators during the arbitration to prep for immediate post-award asset seizure.
- Can an arbitral award be classified as a tradable asset in Islamic law? How can practitioners navigate the ‘Public Policy’ hurdle in the OIC region?
Address
Delos Dispute Resolution
92 Rue Réaumur
75002 Paris
