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Client Alert December 7, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Just and Equitable Winding Up

  • Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
  • However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
  • We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

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Client Alert August 31, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Derivative Actions

  • Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
  • However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
  • Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

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Client Alert July 26, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Unfair Prejudice

  • Minority shareholders may have certain remedies available when they feel their rights have been unfairly prejudiced by the majority.
  • However, the situation may be complicated when structures cross borders – typical corporate structures in Asia may spread across offshore and other key regions.
  • Our Claim Monetization team lays out the basic parameters of the tools open to minority shareholders across five key jurisdictions.

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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 July 23, 2021

Using Arbitration to Stop a Winding Up

  • When monetizing a claim against a debtor, the interplay between arbitration and insolvency is not only critical but also varies by jurisdiction.
  • When considering a cross-border strategy, it is essential to understand how each jurisdiction interrelates with the others.
  • Kobre & Kim’s global Claim Monetization and Dilution Team answers the critical questions on these intricacies for key jurisdictions in this comparative guide.

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Client Alert November 19, 2018

A New Door to Obtaining Business Intelligence in Offshore Cases

  • A recent decision involving document disclosure in offshore courts presents an opportunity for PRC-based companies to obtain business intelligence.
  • This decision — which was made in the English Court of Appeal and will likely influence offshore jurisdictions and Hong Kong — has shed light on how nonparties can get copies of court documents, evidence, written arguments and judgments.
  • To leverage the opportunity effectively, local expertise of offshore court processes and this new decision, in addition to on-the-ground support in PRC, will be needed.

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