Client Alert January 25, 2023
- A coming global economic downturn will put sovereign debt under pressure.
- It may appear near impossible for creditors and investors to enforce this debt against sovereigns, but those who succeed can see extraordinary returns.
- We explain how deploying creative cross-border strategies can overcome the toughest sovereign debtors and unlock the key to success.
Client Alert December 14, 2022
- 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.
Client Alert July 26, 2022
- A Chinese court recently recognized a commercial judgment issued by the English High Court in a landmark judgment.
- China has also made it easier for Hong Kong arbitrations to be recognized and enforced in China, as well as opening the door to interim measures.
- Our Claim Monetization team analyzes what these developments mean to foreign judgment and award creditors looking for opportunities in a historically tricky jurisdiction.
Client Alert June 14, 2022
- Many parties, especially those based in Asia Pacific, soon discover that a recalcitrant debtor can frustrate enforcement of a hard-won arbitration award.
- In cross-border enforcement campaigns, the debtor may throw up obscure legal challenges to cause delays and distraction.
- A recent Kobre & Kim victory demonstrates how, through quick and strategic action, these distractions can be defeated and pressure can be maintained on the debtor.
Client Alert November 23, 2021
- 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.
Client Alert August 5, 2020
- The current economic downturn has triggered record-breaking amounts of debt owed by governments to overseas investors.
- The crisis, however, has the potential to create large returns for creditors and investors willing to aggressively pursue their claims over a sovereign government.
- A proven yet unorthodox cross-border litigation strategy that catches sovereigns by surprise can achieve the monetization of judgments previously thought too tough to enforce.
Client Alert August 5, 2020
- Investors and creditors can gain potentially large returns if they successfully enforce a large judgment against a sovereign debtor.
- However, with such high-stakes, sovereign governments have begun fighting back using state powers against creditors, turning civil proceedings into a quasi-criminal cross-border dispute.
- A creditor must employ anticipatory and nonconventional counteroffensive measures in order to protect themselves and maximize their odds of success.
Client Alert March 4, 2019
- There are many reasons why sovereign debtors can be challenging targets.
- The right combination of high-pressure tactics, coupled with aggressive, creative, multijurisdictional strategies, can force sovereign debtors to take a seat at the bargaining table.
- Here are specific examples of effective techniques from recent successful matters where legitimate claims were recovered against sovereign entities.
Client Alert June 1, 2018
- U.S. courts traditionally have been a generous forum for foreign judgment creditors.
- A recent ruling from a New York state court has further broken down barriers for recognition of a foreign judgment in the U.S., even when the debtor is subject to a foreign insolvency proceeding.
- The New York decision is part of a trend of U.S. courts rejecting "fairness" and "corruption" challenges to Russian courts' judgments. Similar challenges can be overcome with the aid of proper counsel.
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