Claim Monetization & Dilution

The proliferation of blockchain technology and cryptocurrency has seemed like the emergence of a new Wild West – but has the sheriff finally ridden into town? Kobre & Kim’s Andrew Stafford KC, Calvin Koo and Timothy de Swardt look at how the United Kingdom, the British Virgin Islands, Hong Kong and the U.S. – all sophisticated and important global financial centers with mature and highly competitive legal markets – have responded to the disruptive effects of blockchain and cryptocurrency in a chapter of Commercial Dispute Resolution’s “Fraud, Asset Tracing & Recovery 2023.”

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Cryptocurrency scams are on the rise. As more victims are losing money, they are finding that – even though transactions are preserved on a public ledger – the cross-border nature of the asset and the underdeveloped global regulatory landscape make recovery often very difficult, and scammers will continue to take advantage. Kobre & Kim’s Calvin Koo, who focuses on global tracing and recovery of digital assets, spoke to DL News about these trends.

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In a win for Kobre & Kim client Major League Baseball Properties, Inc., a federal court has ordered a Dominican broadcasting company and its New York affiliate to turn over various kinds of property to MLB, including bank account funds in New York and the Dominican Republic, certain contractual payment rights, and a helicopter.

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More global investors are engaging in investor-state arbitration to resolve disputes, but the trouble often begins once they win an award. Many sovereigns deploy their unique powers to do everything they can to avoid payment, so investors need to think creatively if they want to successfully enforce their arbitral award. Kobre & Kim’s Jef Klazen, who focuses on international asset recovery and the enforcement of judgments and awards, discusses during the Paris Arbitration Week on a session at 10:00 am local time, March 31, 2023.

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Kobre & Kim wins rarely granted ruling setting aside of certain aspects of an enforcement order by the British Virgin Islands Commercial Court.

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A good amount of high-quality information is the foundation of any legal strategy in global arbitral award enforcement or restructuring campaigns. Kobre & Kim’s Paul Hughes, who focuses on complex cross-border disputes with a nexus to the United Arab Emirates and wider Middle East, will chair a panel on the best practices to accessing critical sources of information during the Restructuring Insolvency and Legal Practitioners Association (RILPA) Conference in Dubai on March 9, 2023.

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Asset recovery is a crucial service to provide for creditors and claimants, including across the Asia Pacific region – but it is becoming an increasingly complicated endeavor. Kobre & Kim’s John Han, who focuses on the monetization and demonetization of debt instruments, claims, judgments and arbitral awards, unpacked the latest developments in global asset recovery at the 7th IBA Asia Pacific Regional Forum Biennial Conference in Singapore in a session at 1:45 pm local time, Thursday February 23, 2023.

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In recognition of our strong cross-border capabilities and deep bench of talent, Chambers & Partners listed Kobre & Kim and several lawyers around the world in their latest Global Guide rankings.

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Coming amid uncertainty for renewable investors and a global legal debate in the wake of the Court of Justice of the European Union’s (CJEU) Achmea and Komstroy decisions, the UK High Court rejected the European Commission’s attempt to intervene in two renewable energy investors’ US $101 million arbitral award enforcement case against Spain in a win for the investors. The Financial Times and Law360 quoted Kobre & Kim’s Nick Cherryman, who represents the lead award in this dispute, on the development.

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