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Client Alert January 25, 2023

Achieving High Returns from Sovereign & States Disputes

  • 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.

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Client Alert December 14, 2022

Enforcing a Foreign Judgment in the UAE: New Opportunities

  • 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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Client Alert July 26, 2022

PRC Continues to Open Up in Recognizing Foreign Claims

  • 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.

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Client Alert June 14, 2022

Kobre & Kim Helps PRC Clients Enforce US $171M Award in BVI

  • 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.

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Client Alert November 23, 2021

Enforcement in Dubai Just Got Easier

  • 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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Client Alert August 5, 2020

Clashing with Titans: Maximizing Returns on Sovereign Judgment Enforcement

  • 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.

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Client Alert August 5, 2020

When Sovereign Judgment Debtors Fight Back: Clashing with Titans

  • 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.

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Client Alert March 4, 2019

Clashing With Titans: Effective Judgment Enforcement Against Sovereign Entities

  • 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.

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Client Alert June 1, 2018

Looking to Enforce a Judgment in the U.S.?

  • 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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