Insights

• Chinese ultra-high-net-worth individuals are increasingly relying on offshore trusts, but recent cross-border cases show courts and creditors are increasingly scrutinizing these structures, especially when settlors appear to retain control.
• With rising regulatory scrutiny and evolving laws in China, maintaining strong independent governance and carefully structured protections is essential to keep these trusts effective and shield family wealth.

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• As Sukuk Islamic bonds gain global prominence, investors face distinct enforcement and recovery challenges arising from their Sharia-compliant, asset-linked structures.
• Effective protection of investor value depends on understanding who holds enforcement rights, assessing the true reach of underlying assets, coordinating action across jurisdictions, and ensuring strong engagement among Trustees and Sukuk holders.

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• Kobre & Kim secured a significant victory in October 2025 in the Supreme Court of the State of New York on behalf of a leading Chinese healthcare company and its affiliates.
• The ruling represents an important outcome for Chinese corporates and investors navigating cross-border shareholder disputes in U.S. courts and highlights the complexity of cases involving overlapping U.S. and offshore legal systems.

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• The U.S. is ramping up cross-border enforcement with two new fraud task forces targeting non-U.S. entities, particularly those linked to China.
• These companies should proactively manage disinformation, coordinate legal and communications strategies, and review asset structures with experienced counsel to mitigate escalating risks.

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• The U.S. Department of Justice (DOJ)’s new Data Security Program imposes strict limits on U.S.-based companies transferring sensitive personal or government-related data to entities linked to “countries of concern”.
• With steep penalties and reputational fallout at stake, China-linked businesses should proactively map data flows, prepare for enforcement risks, and manage public perception early.

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• 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.   

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• Kobre & Kim continues to strengthen its commitment to Greater China through additional investment in key recent hires.
• Building on its expertise in cross-border disputes, the firm has experienced a significant rise in demand in Greater China for international asset recovery, joint venture shareholder disputes, and government enforcement defense.

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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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• Economic ties between Latin American and Chinese businesses continue to deepen. There are unique risks involved if a dispute arises with the Chinese company.
• Even if an organization or investor succeeds in an arbitration or litigation against a Chinese company, the Chinese legal system’s intricacies may create barriers to getting the company to pay.
• Latin American companies and investors should consider cross-border strategies to increase their leverage.

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• The People’s Republic of China (PRC) and South Korea vowed a new start in future economic cooperation,
• However, given the dominance of family-owned conglomerates known as chaebols in the Korean market and the complex intricacies of the Korean legal market, PRC companies may struggle to see a way out when they encounter a dispute.
• PRC companies can combine various creative legal and PR strategies designed to maximize pressure on their competitor and assertively protect their business interests.

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• Chinese companies with significant intellectual property (“IP”) assets continue to see their bottom lines threatened amid increased competition with the U.S. and other Western companies.
• Kobre & Kim's ongoing commitment to its mainland China presence (recently featured in Law360) is critical to its ability to effectively manage cross-border IP disputes initiated outside China by Chinese companies in industries such as biotechnology, artificial intelligence, and consumer goods.

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• In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
• Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
• We explain how creditors can unlock value in China and maximize their recovery.

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• Relations between China and the U.S. will likely remain tense for the foreseeable future, as evidenced by the recent U.S. law mandating TikTok be divested or face a ban.
• Companies and individuals with perceived Chinese associations – including in Greater China, Southeast Asia and the wider region – could be at risk of invasive and politically motivated government enforcement actions.
• Those at risk can take several proactive steps to protect their assets, reputation and liberty.

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• Recent challenging economic conditions in China are putting many PRC companies in distress.
• This puts offshore joint venture partners and private credit lenders at risk, potentially having to attempt a difficult recovery by taking over PRC projects, companies or assets.
• A new Chinese company law may give investors an upper hand by strengthening their information rights, which when combined with a multijurisdictional strategy allow a more effective takeover.

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• 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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