Insights

• As Western sanctions limit access to traditional dispute resolution forums for parties from Russia and other sanctioned jurisdictions, entities are increasingly turning to Hong Kong for cross-border arbitration.
• With its neutral legal environment, absence of local sanctions, and global enforceability of awards under the New York Convention, Hong Kong offers a strategic and practical alternative—particularly for sensitive, high-stakes disputes and those involving offshore asset structures.

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• As economic ties between Brazil and Korea deepen, Korean companies may face challenges enforcing judgments or arbitration awards against Brazilian counterparts.
• Given the complexities of Brazil’s legal system, Korean creditors should consider a multijurisdictional strategy—leveraging offshore jurisdictions and U.S. legal mechanisms—to improve enforcement outcomes and navigate the process more effectively.

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• The U.S. government's rapidly shifting tariff policies are further straining an already challenged sector, disrupting shipping volumes and adding instability to global supply chains.
• Individuals and businesses tied to international shipping, particularly those based in Greece and Cyprus, may face heightened exposure to these measures
• Stakeholders and their trusted advisors should consider taking proactive, precautionary measures to mitigate potential disruptions and protect their business interests.

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• Emerging commercial opportunities in South Korea are opening doors for investors worldwide.
• Foreign investors and trade partners continue to face significant challenges when navigating disputes with chaebols, given their dominant position and the complexities of the Korean legal landscape.
• Utilizing antitrust authorities may be one component in building an aggressive and effective strategy.

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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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• Claimants in trade secret disputes around the world increasingly bring their claims to U.S. courts and the U.S. International Trade Commission (ITC).
• Kobre & Kim partner Michael Ng recently discussed the trend in his interview with IAM Magazine. 
• Kobre & Kim recently won a California case for firm client Propel Fuels, winning a US $604.9 million jury verdict in October—the most significant trade secret verdict of 2024.

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• As Africa's landscape continues to open new opportunities for investors in the extractive industries, challenges such as navigating high-risk jurisdictions and maintaining the support of governments and local business partners persist.
• Rapid political shifts can strain or irreparably damage relationships, while adverse actions by key local business partners can create significant operational hurdles.
• While the decision to operate in volatile markets can be a lucrative one, businesses and individuals can take the proactive steps below to ensure their investments stay protected.

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• Under Korea’s 2024 Virtual Asset User Protection Act (the “Act”), crypto investors and traders active in Korea face significant regulatory risk.
• While many applaud its proactive effort to combat market manipulation in virtual asset trading, others express concerns over its broad definitions and potential impact on common market-making activities legitimately used in other financial markets.
• We explain how potential targets can prepare for arising risks during this period of transition and uncertainty.

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• In South Korea, family struggles and key shareholder disputes over control of conglomerates, or chaebols, have long posed risks to minority shareholder interests.
• As the chief of South Korea’s Financial Supervisory Service raises concerns over a bid to take over Korea Zinc, many are preparing for impact on shareholder value. 
• Global investors, including activist funds, should consider deploying creative strategies to maximize their positions.

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• When large-scale cryptocurrency fraud or cyber-attacks hit, the stolen assets can quickly be dispersed across the globe, with perpetrators hard to find. In these cases, the initial hours and days can be critical.
• However, a recent victory shows that even after considerable time has passed since a hack, victims can trace stolen assets and react quickly to recover them due to the public nature of blockchain transactions and the powers of the English and US Courts to order injunctive relief.

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• As high energy prices and a wider global weakening economy threaten the shipping and maritime industries, many Cyprus-based companies face serious financial distress.
• This poses a risk for creditors or those with deep financial ties to those companies as they increasingly default on their bonds and bilateral loans.
• Creditors of Cypriot companies in those situations should focus on a multijurisdictional approach to achieve recovery.

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• 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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• 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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• Over the past few years, Kobre & Kim has successfully enforced cross-border judgments and arbitration awards collectively valued valued in the hundreds of millions of US dollars.
• Many of the firm’s engagements have involved judgments and awards valued 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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• Recent political unrest in Latin America poses increased risks for global investors with deep financial ties to the region. Attempted coups and disputed elections have increased investor concerns over potential disruption to companies' onshore operations. 
• Rapid changes in political regimes affecting relationships with local governments or adverse actions taken against key local business partners may cause business challenges. 
• Extractive industries such as lithium mining and oil and gas face significant exposure to these geopolitical events. 

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