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Enforcement of International Arbitral Awards and Foreign Court Judgments in the United States

Speaker(s): Ulyana Bardyn, William T. O'Brien
Recorded on: Nov. 11, 2021
PLI Program #: 337766

Will O’Brien guides clients through high-stakes international arbitration and litigation, serving as lead counsel before all major arbitral institutions and US courts. He develops global dispute resolution strategies for clients, with a focus on multi-jurisdictional and parallel disputes involving sovereign immunity, laws of war, non-signatories, enforcement of arbitration awards and judgments, government contracts, treaties, Section 1782 discovery actions, joint venture and commercial contractual disputes, money laundering and fraud or corruption allegations, among other areas. He regularly manages high-profile cases in politically charged or hostile environments.

As lead counsel, Will has successfully handled matters spanning more than 40 countries throughout North America, Asia, Africa, Australia, the Middle East and Latin America. For more than 25 years, he has represented multinational companies in aviation/aerospace and defense, security, manufacturing, automotive, construction, energy, government, chemicals and plastics, telecom, transportation, and infrastructure. He serves as the Co-head of the Industrials Sector. Clients report to Chambers USA that “he is the most universal and versatile attorney I have ever worked with” and that "we prize Will above all others for his experience, efficiency and especially practicality."

Will writes and speaks regularly on international arbitration and litigation issues and has launched an initiative to foster greater use of artificial intelligence in cross-border disputes working in partnership with companies curating new technologies to serve the legal community. He is an adjunct professor of law at the Georgetown University Law Center, teaching international commercial arbitration with a focus on sovereigns and best practices in international contracting. Will also serves as faculty at the International Law Institute, educating lawyers from around the world on issues of comity, immunity and enforcement of treaties in international disputes. 

He is a member of the International Chamber of Commerce’s (ICC) Commission on Arbitration and ADR, the International Bar Association’s Arbitration Committee, and the Steering Committee on international arbitration for the US Council on International Business.

Will strongly supports and provides pro bono counseling to the Global Fairness Initiative, an organization dedicated to helping raise the standard of living for the world’s working poor, and is a founding member of the American Cancer Society’s Judicial Advocacy Initiative, which is dedicated to protecting the rights of those with cancer.   

Prior to joining Eversheds Sutherland, he was a partner at a major global law firm, serving as US chair of the firm’s international dispute resolution practice and as Managing Partner of its Washington DC office.

Ulyana Bardyn represents clients in complex cross-border disputes, including international commercial arbitrations, investor-state disputes and business litigation matters. Ulyana's experience includes acting as counsel in arbitration cases governed by the rules of the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the American Arbitration Association (AAA) and the United Nations Commission on International Trade Law (UNCITRAL). Ulyana also counsels clients in high-stakes complex commercial litigation matters in US federal and state courts, particularly in matters that traverse arbitration and litigation fora, including parallel proceedings, enforcement matters, interim relief and Section 1782 discovery. 

Ulyana’s industry experience spans a wide range of sectors, including mining, pharmaceutical, construction, food, commodities, energy, aerospace and finance.

Ulyana is a Fellow of the Chartered Institute of Arbitrators (FCIArb), and she sits as an arbitrator. She has been selected to the roster of arbitrators maintained by the Ukrainian Arbitration Association. 

Prior to joining Eversheds Sutherland, Ulyana worked with a major global law firm where she represented clients in international arbitration and litigation matters, and, prior to that, with the Secretariat of the ICC International Court of Arbitration, where she oversaw hundreds of commercial arbitration matters.

An active member of the international law community, Ulyana is Chair of the International Law Committee at the New York City Bar Association and serves on the CPR Institute’s Steering Committee of Young Attorneys in Dispute Resolution (CPR Y-ADR). She teaches a class on advocacy in investment arbitration at Brooklyn Law School and a class on international commercial arbitration at the Arbitration School of the Ukrainian Arbitration Association held annually in Kyiv, Ukraine. Ulyana frequently speaks and writes on topics relating to commercial and investor-state arbitration.

Ulyana is fluent in Ukrainian and Russian. She also serves as outside legal counsel for Ukrainian American Business and Professionals Association and Ukrainian National Women’s League of America.