Compelling Offshore Nominee Directors to Produce Financial Records in Arbitral Proceedings
Compel corporate parties to exercise legal control over offshore nominee directors under threat of decisive adverse inferences and curial court subpoenas.
Curial Assistance
Meaning
Judicial support provided by national courts to facilitate and enforce the private arbitration process. Curial assistance bridges the gap between the private nature of the tribunal and the coercive power of the state. It involves the issuance of subpoenas for witnesses or the preservation of evidence that the arbitrator cannot personally compel.
Judicial Intervention
Statutory frameworks define the specific moments when a judge may step into an ongoing private dispute. This curial assistance often appears as an order for interim measures like an injunction to prevent the dissipation of assets. It ensures that the final award remains meaningful and capable of satisfaction.
Evidence Retrieval
Legal authority granted to the judiciary allows for the collection of documents or testimony from third parties located within the jurisdiction. Through curial assistance, a party can obtain information that is related to the merits of the case but held by an entity outside the contract. This power is often invoked when a witness refuses to appear voluntarily before the panel.
It maintains the thoroughness of the fact finding mission. The court uses its sovereign power to compel compliance with the request of the arbitrator.
Award Enforcement
Finality in a dispute requires the ability to turn a written decision into a tangible recovery of funds or property.