Using Arbitration to Stop a Winding Up


July 23, 2021

When considering a cross border strategy, it is essential to understand how each jurisdiction interrelates with the others. Where there is an agreement to arbitrate, the interplay between the insolvency and arbitration may become critical and there are significant differences in the approach taken to this issue across jurisdictions.    

While every case will be different and require specialist advice, our Global Claim Monetization & Dilution team has prepared a reference guide to the basic parameters in five key jurisdictions:


About Kobre & Kim’s Insolvency and Claim Monetization Team

Kobre & Kim is a global Am Law 200 law firm that focuses on cross-border disputes and investigations, often involving fraud and misconduct.

Regularly working with other law firms as special counsel, our insolvency disputes and claim monetization team often litigates in contentious, multijurisdictional insolvency matters that involve competing stakeholders. The team has significant experience acting on behalf of judgment and award creditors to develop and implement offensive enforcement and asset tracing/recovery strategies to monetize high-value judgments and arbitration awards – efforts which are strengthened by the team’s in-depth understanding of the defensive litigation strategies that debtors are likely to deploy.

With lawyers admitted across the U.S., UK, Asia, the Middle East and key offshore financial centers, our team offers deep experience coordinating judgment enforcement and monetization strategies across jurisdictions.