Insights

Kobre & Kim has secured another significant victory for Hong Kong-based Pinpoint Multi Strategy Master Fund in its efforts to enforce a New York contempt judgment arising from Rolta-related high-yield bond defaults.

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• A recent Bombay High Court decision freezing US $188M of Rolta India’s Chairman in support of a New York contempt judgment underscores how courts may act quickly to preserve assets in cross-border enforcement matters, particularly where there are allegations of deliberate obstruction.
• Hong Kong-based Pinpoint Multi Strategy Master Fund was represented by Kobre & Kim as global counsel.

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• Governments in Europe, the UK, and the U.S. are expanding sanctions and enforcement actions targeting “shadow fleets” — vessels that operate outside traditional flag, insurance, tracking, and ownership-transparency standards.
• These developments create legal, operational, and reputational risks for companies connected to global shipping and related sectors.
• Companies may take measures to assess exposure, strengthen monitoring, prepare for enforcement actions, and coordinate with regulators and counsel.

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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 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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• 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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• A new Memorandum of Understanding (MoU) between the Dubai Courts and the Abu Dhabi Global Market (ADGM) Courts marks a significant step forward for creditors seeking to enforce claims in the UAE.
• By establishing mutual recognition of judgments and awards, the MoU brings greater clarity to a legal landscape long seen as complex and uncertain.
• In light of this progress, creditors operating in the UAE should consider proactive strategies to enhance their recovery prospects across both offshore and onshore systems.

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• Global public debt has surpassed US $300 trillion, providing creditors and investors in sovereign debt with new opportunities.
• Pursuing sovereign assets can be complex, time-consuming, and highly public, often involving legal battles across jurisdictions and public scrutiny.
• Adopting cross-border strategies that move beyond the traditional litigation playbook that sovereigns expect can improve recovery outcomes and shorten enforcement timelines.

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• It is now established that keepwell agreements—commitments made by a parent company in the People's Republic of China (PRC) to uphold the financial stability of its subsidiary—are enforceable under Hong Kong law.
• Beyond enforcing keepwell agreements in the PRC, unsecured creditors should proactively expand their recovery overseas to improve their prospects for recovery.   

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• The Dubai International Financial Centre (DIFC), a gateway to enforcing judgments in the Middle East, has just seen significant barriers to enforcement removed.
• Creditors now have a much smoother path to collect on what they are owed both in onshore Dubai and across the region.
• Our global Claim Monetization & Dilution team unpacks how creditors can save significant time and money.

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