Claim Monetization & Dilution

• Economic volatility across Latin America is driving a new wave of restructurings that expose Chinese investors to complex, cross-border disputes affecting recoveries.
• Because many companies operate through offshore structures and hold assets across jurisdictions, effective recovery strategies often require coordinated insolvency proceedings, while navigating growing geopolitical and regulatory sensitivities in strategic sectors, to protect value and maximize recoveries.

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• Driven by projects with significant foreign participation and layered cross-border joint venture structures, Israel’s expanding infrastructure market is increasing the frequency and complexity of disputes that often unfold across multiple jurisdictions.
• Governance breakdowns, funding obligations, deadlock mechanisms, and enforcement challenges rooted in early-stage structuring decisions shape where disputes arise, how they proceed, and the options available to project participants.

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• Hong Kong arbitration serves as a gateway for cross-border disputes involving both Mainland China and offshore financial centers.
• Its arbitration-friendly courts, unique access to mainland interim measures, and strong enforcement reach position Hong Kong not just as a neutral seat, but as a practical hub for multi-jurisdictional enforcement and recovery.

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• Rising sovereign debt and evolving restructuring and enforcement dynamics are reshaping recovery strategies.
• Developments in restructurings in low- and middle-income countries and increased enforcement against long-standing debtors are creating new opportunities for coordinated, cross-border approaches that can enhance recoveries and accelerate timelines beyond traditional sovereign litigation.

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• Personal guarantees can be a powerful tool in distressed private credit, particularly in non-sponsor and founder-led transactions where corporate collateral may prove insufficient.
• But their effectiveness in default scenarios depends on a well-designed enforcement plan, emphasizing early asset mapping and cross-border strategies to improve the risk-adjusted recovery outlook.

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• Kobre & Kim secured a ruling in the Dubai International Financial Center (DIFC) Court, which broadens creditors’ tools to locate debtor assets, allowing examinations of directors and officers, including former and foreign-based individuals, and permitting inquiries into the means by which a debtor might satisfy a judgment, including potential asset transfers and causes of action.
• The decisions strengthen post-judgment discovery and reinforce the DIFC as a creditor-friendly venue for cross-border enforcement.

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• Kobre & Kim secured landmark judgments in Belize and Trinidad & Tobago recognizing a multi-billion-dollar International Center for Settlement of Investment Disputes (ICSID) award against Venezuela, believed to be the largest arbitration award enforcement in each jurisdiction’s history.
• These wins open new pathways for ICSID award recognition in the Caribbean and underscore the firm’s cross-border enforcement capabilities.

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