Insights

• Africa’s extractive industries are fast becoming one of the world’s most contested investment arenas amid surging demand for critical minerals.
• However, rising nationalism, shifting political dynamics, and intensifying geopolitical tensions are increasing cross-border risk.
• These forces are driving regulatory change and disputes across the sector. Investors should adopt practical strategies to protect assets, manage political exposure, and respond to enforcement and cross-border challenges.

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• Rising sovereign debt and evolving restructuring and enforcement dynamics are reshaping recovery strategies.
• Developments in restructurings in low- and middle-income countries and increased enforcement against long-standing debtors are creating new opportunities for coordinated, cross-border approaches that can enhance recoveries and accelerate timelines beyond traditional sovereign litigation.

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• Personal guarantees can be a powerful tool in distressed private credit, particularly in non-sponsor and founder-led transactions where corporate collateral may prove insufficient.
• But their effectiveness in default scenarios depends on a well-designed enforcement plan, emphasizing early asset mapping and cross-border strategies to improve the risk-adjusted recovery outlook.

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• Kobre & Kim Co-Founder Michael Kim joined host Renato Sapiro on the Brazilian podcast Direito de Resposta.
• He discussed the firm’s unconventional beginnings and shared candid insights on cross-border strategy, accurately addressing client needs, and how lawyers can stay valuable in a rapidly evolving market.

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• South Korea is tightening its approach to digital asset oversight, expanding investigations and broadening regulatory reach over exchanges, stablecoin issuers, and cross-border activity.
• The shift increases the likelihood that routine market behavior may face regulatory scrutiny.
• To manage rising risk, firms with exposure to Korea’s crypto market should stay current on evolving rules, maintain strong records, and engage proactively with authorities.

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• Kobre & Kim secured a ruling in the Dubai International Financial Center (DIFC) Court, which broadens creditors’ tools to locate debtor assets, allowing examinations of directors and officers, including former and foreign-based individuals, and permitting inquiries into the means by which a debtor might satisfy a judgment, including potential asset transfers and causes of action.
• The decisions strengthen post-judgment discovery and reinforce the DIFC as a creditor-friendly venue for cross-border enforcement.

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• Kobre & Kim secured landmark judgments in Belize and Trinidad & Tobago recognizing a multi-billion-dollar International Center for Settlement of Investment Disputes (ICSID) award against Venezuela, believed to be the largest arbitration award enforcement in each jurisdiction’s history.
• These wins open new pathways for ICSID award recognition in the Caribbean and underscore the firm’s cross-border enforcement capabilities.

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• Chinese ultra-high-net-worth individuals are increasingly relying on offshore trusts, but recent cross-border cases show courts and creditors are increasingly scrutinizing these structures, especially when settlors appear to retain control.
• With rising regulatory scrutiny and evolving laws in China, maintaining strong independent governance and carefully structured protections is essential to keep these trusts effective and shield family wealth.

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• As Sukuk Islamic bonds gain global prominence, investors face distinct enforcement and recovery challenges arising from their Sharia-compliant, asset-linked structures.
• Effective protection of investor value depends on understanding who holds enforcement rights, assessing the true reach of underlying assets, coordinating action across jurisdictions, and ensuring strong engagement among Trustees and Sukuk holders.

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• Kobre & Kim secured a significant victory in October 2025 in the Supreme Court of the State of New York on behalf of a leading Chinese healthcare company and its affiliates.
• The ruling represents an important outcome for Chinese corporates and investors navigating cross-border shareholder disputes in U.S. courts and highlights the complexity of cases involving overlapping U.S. and offshore legal systems.

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• As AI-generated content becomes more deeply embedded in online news and search ecosystems, ultra-high-net-worth individuals (UHNWIs) face growing reputational and legal vulnerabilities.
• Combined with risks such as data scraping, deepfakes, and SEO manipulation, potential distortions can rapidly shape public perception and influence decision makers.
• Effective mitigation requires proactive monitoring, swift correction of false narratives, direct engagement with content platforms, and strategic management of one's digital footprint to preserve credibility.

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• South Korea’s recent wave of corporate governance reforms marks a significant turning point for companies and investors with Korean exposure.
• While these changes promise stronger minority protections and improved transparency, they also introduce transitional challenges.
• For global investors, success will depend on leveraging new shareholder rights, monitoring governance shifts, and coordinating cross-border strategies to manage exposure and seize emerging opportunities.

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• Enforcement success is often decided well before an award or judgment.
• While debtors move to shield assets, proactive creditors can gain the advantage by thoughtfully planning their pre-enforcement phase, mapping key jurisdictions, preparing discovery filings, and coordinating a sequenced enforcement strategy.
• Early, disciplined planning often transforms an award or judgment into a real recovery.

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