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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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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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