Showing results tagged with "Creditor-Debtor Disputes". clear filter

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 December 8, 2020

India-Based Debtors Can Face Off Against Global Lenders

  • When a debt comes due, standing up to a global institutional lender can seem daunting for Indian debtors, especially if disputes scatter overseas.
  • Regardless of whether a lender feels generous or not, however, there are steps debtors can take to increase their leverage and fortify their defenses.
  • These include fighting for better terms, buying more time and holding lenders accountable.

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Client Alert June 7, 2018

Fraud Victims Pursuing Assets Offshore

  • Recent judgments have provided victims with a new route to claim damages from third parties, and thereby widen the pool from which to make a recovery.
  • Claimants in numerous common law jurisdictions now can bring two new types of claims against associates of fraudsters who have assisted in the dissipation of assets after a freezing order or judgment has been obtained.
  • Creditors seeking to make recoveries against fraudsters based in offshore jurisdictions should consider these two new, but related, claims against third parties when developing their asset recovery strategy.

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