Showing results tagged with "International Judgment Enforcement". clear filter

Client Alert October 28, 2024

Kobre & Kim Client Receives Favorable Ruling in Enforcement of Award Against Sovereign State

  • On October 22, England’s Court of Appeal dismissed the Kingdom of Spain’s challenge to enforce a US $109 million arbitral award in favor of Kobre & Kim’s client.
  • Despite Spain’s arguments asserting state immunity, Lord Justice Phillips interpreted the 1965 ICSID Convention.

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Client Alert October 10, 2024

Chinese Investors Can Use Cross-Border Tools to Stand Up to Sovereign Debtors

  • As geopolitical tensions pressure sovereign debt, more investors are taking their disputes against sovereign states and entities to arbitration and judicial forums. There is a world of difference between demanding payment of a defaulted debt, judgment, or award from a sovereign and seeing the sovereign pay up.
  • Meanwhile, Chinese private investors have become more prominent in sovereign-related investments through acquisitions, joint ventures, and infrastructure projects in Europe, Africa and Latin America.
  • Investors and other claimants should not be afraid to stand up to sovereign debtors with aggressive non-traditional strategies.

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Client Alert September 5, 2024

Enforcing Claims Against Sovereign Debtors in the Middle East

  • Commercial parties worldwide have long struggled to enforce cross-border arbitration awards and judgments in the Middle East.
  • However, recent decisions of the UAE courts have signaled that the tides may be turning more in creditors’ favor. which can inform how they may approach enforcement against a sovereign debtor.
  • Our team explains recent updates advancing cross-border judgment enforcement efforts in the region.

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Client Alert August 22, 2024

Kobre & Kim Successfully Enforces More Than US $40 Billion of Cross-Border Judgments and Awards

  • Over the past several years, Kobre & Kim has successfully enforced cross-border judgments and arbitration awards collectively valued at more than US $40 billion.
  • Many of the firm’s engagements have involved judgments and awards valued at upward of US $100 million, including several in the billions or even tens of billions of US dollars.
  • Large monetary judgments or awards cannot be successfully enforced by a strategy that solely focuses on pursuing assets worldwide.

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Client Alert May 16, 2024

Precedent-Setting Win in Dubai Opens Doors for Global Creditors to Fight Fraudulent Conveyance in the Middle East

  • 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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Client Alert May 9, 2024

Cross-Border Strategies for Maximizing Returns Against Sovereign Debtors

  • More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
  • However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
  • We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.

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Client Alert April 11, 2024

Cross-Border Tools to Aid Latin American Parties in Disputes with PRC Companies

  • Deals and partnerships between Latin American and Chinese companies are growing as economic ties between the two regions deepen.
  • However, unique risks are involved if a dispute arises with the Chinese company – the Chinese legal system could create barriers to payment, even with an award or judgment in hand.
  • Latin American companies and investors should consider cross-border strategies to increase their leverage.

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Client Alert February 29, 2024

Political Strategies in Monetizing Sovereign Arbitration Awards

  • For international investors and companies, winning an arbitration award against a sovereign state marks just the beginning of a lengthy, globe-spanning enforcement campaign.
  • To make a greater impact on the enforcement process, award holders should not be afraid to use more creative approaches.
  • A recent Kobre & Kim victory demonstrates how this approach can put legitimate pressure on sovereign debtors and bring them to the negotiating table.

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Client Alert January 18, 2024

New Pathways for International Creditors to Fight Fraudulent Conveyance in Dubai

  • 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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Client Alert October 5, 2023

Powerful Option for Creditors Enforcing Judgments from Common Law Courts in the United Arab Emirates

  • 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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Client Alert September 14, 2023

Cross-Border Strategies for Maximizing Returns Against Sovereign Debtors

  • More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
  • However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
  • We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.

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Client Alert June 13, 2023

What a Landmark Ruling Against Spain Means for Investors in Disputes with Sovereigns

  • Winning an arbitral award often marks the beginning of a long and costly global enforcement campaign for international investors, especially against a sovereign state.
  • To speed up a settlement, investors should take a bold stand against sovereigns, leveraging international treaty protections.
  • A recent landmark win against the Kingdom of Spain shows one way for investors.

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Client Alert June 8, 2023

More Routes to Recovery for Global Creditors in the Middle East

  • 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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Client Alert March 29, 2023

Global Creditors Can Successfully Fight Fraudulent Conveyance in Dubai

  • 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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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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