Insights | Kobre & Kim — Disputes and Investigations

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.

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.

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.

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.

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.

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.

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.

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.

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.