Insights

• U.S. authorities are intensifying cross-border enforcement efforts tied to suspected corruption, cartel-linked activity, and suspicious financial activity in Latin America, increasing risks for politically exposed persons, business leaders, and state-linked individuals.
• As investigations become increasingly coordinated across borders, individuals with exposure should proactively assess potential legal, financial, and reputational risks.

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• Growing resource nationalism, regulatory intervention and geopolitical competition are increasing cross-border risks for investors in extractive industries worldwide.
• As governments seek greater control over strategic resources and disputes involving state-affiliated entities become more common, investors face rising exposure to overlapping regulations, multi-jurisdictional enforcement challenges, and politically driven disputes requiring coordinated cross-border strategies.

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• China’s new supply chain security rules are increasing cross-border risk for multinational companies by creating potential “legal collisions” between Chinese regulations and competing U.S., UK, and EU compliance obligations.
• As governments increasingly use legal frameworks to advance geopolitical objectives, companies face growing exposure to overlapping enforcement regimes, retaliatory measures, and parallel disputes arising from supply chain, sanctions, and regulatory compliance decisions.

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• Agencies pursuing criminal enforcement often move quickly to seize assets, complicating civil asset recovery for creditors by creating uncertainty around control, timing, and recoveries.
• These challenges are amplified in cross-border matters, where overlapping regimes and parallel proceedings can fragment recovery efforts and increase risk.
• Effective strategies require early jurisdiction assessment, careful analysis to preserve assets outside forfeiture scope, and coordination with authorities.

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• Oil market volatility and geopolitical instability are increasing the enforcement challenges for distressed counterparties, sanctions exposure, and contested assets cross-border disputes.   
• An enforcement-focused approach that prioritizes early asset identification, strategic jurisdictional choices, and alignment with recovery objectives is critical to preserving value and maintaining leverage in this environment.

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• Enforcement success is often decided well before an award or judgment.
• While debtors move to shield assets, proactive creditors can gain the advantage by thoughtfully planning their pre-enforcement phase, mapping key jurisdictions, preparing discovery filings, and coordinating a sequenced enforcement strategy.
• Early, disciplined planning often transforms an award or judgment into a real recovery.

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• A recent Texas decision denying enforcement of a Dubai judgment shows that success in a civil law court does not guarantee recognition in all common law jurisdictions.
• To avoid a hollow victory, creditors must plan ahead and take additional steps to ensure they can demonstrate due process, valid service, and procedural fairness.

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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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• In light of the sanctions imposed on Minister Alexandre de Moraes, the Brazilian Supreme Federal Court (STF) recently issued a decision reaffirming that foreign laws and acts do not have automatic effect in Brazil—essentially establishing what is known in international law as a “blocking statute.”
• For companies with operations in both Brazil and the U.S., this creates a clear dilemma: complying with U.S. sanctions may violate Brazilian rules; ignoring them may result in penalties in the U.S.
• To mitigate these risks, it is essential to assess potential exposures, coordinate international strategies, and proactively manage reputational and legal risks.

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• Kobre & Kim currently represents ConocoPhillips in its efforts to enforce over US $10 billion in judgments and arbitration awards against the Republic of Venezuela and related state-owned entities. 
• A recent victory in the U.S. Third Circuit Court of Appeals has cleared a path for ConocoPhillips to enforce a judgment recognizing an ICSID award against Venezuela's state-owned oil company's shares in its Delaware subsidiary. 
• This victory shows how the "alter ego" theory can be used as an effective leverage point against a recalcitrant sovereign debtor, increasing claimant chances of achieving favorable returns.

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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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• On October 22, England’s Court of Appeal dismissed the Kingdom of Spain’s challenge to enforce a US $109 million arbitral award in favor of Kobre & Kim’s client.
• Despite Spain’s arguments asserting state immunity, Lord Justice Phillips interpreted the 1965 ICSID Convention.

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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 geopolitical tensions pressure sovereign debt, more investors are taking their disputes against sovereign states and entities to arbitration and judicial forums. There is a world of difference between demanding payment of a defaulted debt, judgment, or award from a sovereign and seeing the sovereign pay up.
• Meanwhile, Chinese private investors have become more prominent in sovereign-related investments through acquisitions, joint ventures, and infrastructure projects in Europe, Africa and Latin America.
• Investors and other claimants should not be afraid to stand up to sovereign debtors with aggressive non-traditional strategies.

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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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