Insights

• 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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• Family offices are increasingly turning to the United Arab Emirates (UAE) for sophisticated wealth structuring, taking advantage of the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).
• Central to this shift is the attractiveness of UAE foundations, standalone legal entities, similar in function to common law trusts.
• When properly structured, they support cross-border resilience and align with broader wealth planning strategies.

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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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• International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
• A 2024 precedent-setting decision in Dubai's High Court, secured by Kobre & Kim and local co-counsel, shows another avenue for global creditors to battle recalcitrant debtors and increase their chances of a swift and significant recovery on their cross-border claims.

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• International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
• Recent UAE courts decisions informing how they approach enforcement against debtors, including sovereigns, have signalled that the tides may be turning in creditors’ favor.
• As China looks to consolidate its new investment model for China-Middle East collaboration, this issue may particularly impact PRC-based investors with an eye on the region.

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• Ultra-high-net-worth individuals (UHNWIs) operating outside the United States have recently come under increasingly aggressive scrutiny from U.S regulators, including the U.S. Department of Justice (DOJ), and international cooperation agencies such as INTERPOL.
• If an UHNWI is not adequately prepared, these accusations could potentially spiral into global asset freezes and seizures.
• Below, our team discusses pre-emptive measures these potential targets can take to mitigate associated risks.

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• International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
• Debtors frequently deploy tactics such as fraudulent conveyance to transfer their assets out of reach.
• A recent precedent-setting decision in Dubai’s High Court, secured by Kobre & Kim and local co-counsel, shows another avenue for global creditors to battle recalcitrant debtors and increase their chances of a swift and significant recovery on their cross-border claims.

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• International creditors are seeing more opportunities in the United Arab Emirates and wider Middle East as courts continue to signal openness to recognizing and enforcing overseas judgments.
• This includes overcoming a fraudulent conveyance, as a UAE court recently decided in what may be an unprecedented judgment in favor of a judgment holder represented by Kobre & Kim.
• The judgment demonstrates that there are a rapidly growing number of creditor tools available in the region to combat recalcitrant debtors.

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• It is commonly assumed that it is difficult and impractical to enforcement judgments in the United Arab Emirates.
• However, this is increasingly untrue – even when no bilateral enforcement treaty exists, creditors can obtain recognition of their common law judgments.
• A recent Kobre & Kim case shows how that can happen.

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• The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
• The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
• We explain what these developments mean for creditors.

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• Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
• With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
• We explain what steps individuals can take to push back and get the facts straight.

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• As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
• However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
• Our team explores what strategies are available in the UAE to restore a creditor’s interests.

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• The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
• Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
• We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.

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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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