Claim Monetization & Dilution | Kobre & Kim — Disputes and Investigations

Accolades October 3, 2023

Jason Kang Recognized in LexisNexis Hong Kong’s “40 Under 40”

In recognition of his outstanding experience and contributions to the legal industry around the Asia Pacific region, Jason Kang has been recognized by LexisNexis Hong Kong among their 2023 “40 Under 40.”

Events September 27, 2023

Carolina Leung Explores Best Practices in Asset Recovery Investigations on Asset Recovery Americas Panel

Fraud and corruption investigations can run for months or years, involving complex considerations that might make or break the investigation. Kobre & Kim’s Carolina Leung, who focuses on representing clients in complex cross border investigations, shared best practices for practitioners on an Asset Recovery Americas panel on September 21, 2023.

Client Alert September 14, 2023

Cross-Border Strategies for Maximizing Returns Against Sovereign Debtors

More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.

Publications September 8, 2023

John Han to The Wall Street Journal: Country Garden Creditors Could Target Overseas Assets

Although the Chinese property developer Country Garden narrowly avoided default in early September, its ongoing financial distress is causing mounting concern among its creditors, especially those holding offshore bonds. A mostly empty megaproject in Malaysia could offer them up to US $1.5 billion in recovery, Kobre & Kim’s John Han – who focuses on large-scale, cross-border monetization of distressed assets – told The Wall Street Journal.

Events August 14, 2023

Robin Baik Shares Inside Perspective on US $108 Million Investment Treaty Arbitration Win at Breakfast Event

Unlike many other investment treaty arbitrations, Elliott Associates v Republic of Korea is a case where the parties’ submissions are public, providing valuable insight into the international arbitral process. Kobre & Kim’s Robin Baik, who led the firm’s team in representing Elliott to win their recent US $108 million award against the Korean government, shares his perspectives on the case and investment treaty disputes more broadly during a breakfast event hosted by Three Crowns on Thursday, August 31 in Singapore.

Client Alert August 3, 2023

The BVI Creates New Opportunities for Offshore Bondholders to Bring Unilateral Claims

Distressed debt investors who are beneficial owners or contingent creditors of bonds face uncertainty when bond issuers stop paying.
Courts in key jurisdictions are beginning to answer the question of whether creditors can wind-up issuers but are offering diverging decisions.
We explain how a recent ruling in the BVI opens the offshore jurisdiction to creditors considering a cross-border enforcement campaign.

Client Alert July 27, 2023

Gaining Leverage in Brazilian Insolvencies: Local and Cross-Border Tools for International Creditors

The Americanas fraud has led a wave of insolvencies in Brazil, shaking the market.
This wave of financial distress has ensnared international creditors into the slow-moving Brazilian insolvency landscape.
However, new developments in Brazil – combined with an assertive cross-border strategy – can help creditors gain the upper hand and reach a quicker resolution.

Client Alert July 20, 2023

Creditors Should Enforce PRC Keepwell Agreements Overseas

Many Chinese debt issuers are still undergoing a wave of defaults, putting offshore general unsecured creditors at risk.
One way to secure substantial recovery is to enforce keepwell agreements, promises by a PRC onshore parent company to maintain a debt issuer’s liquidity and solvency.
This can expand the range of enforcement targets, increasing creditors’ options and chances of success.

Events July 17, 2023

Jian Wu and Jason Kang Explore Hong Kong-Based Cross-Border Asset Recovery and Protection in HKIAC Session

For creditors in the People’s Republic of China, Hong Kong can and often should be the primary springboard to launch a cross-border enforcement campaign to trace and recover funds. Kobre & Kim’s Jian Wu and Jason Kang, who both focus on the monetization of claims involving the region, examine what a Hong Kong-based global enforcement strategy may look like during a session hosted by the Hong Kong International Arbitration Centre (HKIAC) in Shenzhen on July 21, 2023.

Events July 13, 2023

Kunhee Cho Explores Obtaining Information in Cross-Border Disputes at IAKL European Conference

The availability and process of obtaining information varies in different jurisdictions around the world. Global counsel to navigate and leverage such differences is key to success in cross-border disputes. Kobre & Kim’s Kunhee Cho explored this process during a presentation at the International Association of Korean Lawyers European Conference on July 8, 2023.

Events June 30, 2023

CFAAR Hong Kong Presents Seminar on “Guardrails to a Global Digital Asset Hub”

As Hong Kong establishes its standing as a global center for cryptocurrencies and other virtual assets, how has its regulatory approach evolved? The Crypto Fraud and Asset Recovery Network (CFAAR) Hong Kong Chapter will explore this question in its latest seminar and networking event, taking place on Thursday, July 13, titled “Guardrails to a Global Digital Asset Hub: The SFC’s New Virtual Asset Regime.”

Client Alert June 29, 2023

Lessons Learned for Activist Investors: The 2023 Korea Annual General Meeting Season

2023 has continued a trend of increasingly energetic shareholder activism in Korea.
The most recent annual general meeting season has shed light on the paths activist investors can take to increase their chances of success.
Our team explores the main takeaways and lessons learned from the season.

Firm News June 22, 2023

Kobre & Kim Helps Elliott Obtain US $108 Million Arbitral Award Against the Republic of Korea

SEOUL, JUNE 22, 2023 – Kobre & Kim LLP, together with law firms Three Crowns and KL Partners, have obtained a US $108 million award for Elliott Associates, L.P., resolving an international arbitration against the Republic of Korea over its alleged unlawful intervention in the 2015 merger between Samsung C&T and Cheil Industries, both affiliates of Samsung Group, Korea’s largest chaebol.

Events June 20, 2023

John Han Explores Alternative Creditor Options to Monetize India Offshore Distressed Debt

As global financial conditions tighten, bond and loan investors are increasingly focused on India. Kobre & Kim’s John Han – who focuses on cross-border monetization of distressed high yield bonds and loans – joins Reorg on July 5 to discuss alternative options for creditors in distressed situations involving India-based issuers with offshore structures. For creditors familiar with enforcement challenges involving China-based issuers, the discussion will cover similarities and differences, challenges and opportunities in the India onshore-offshore context.

Client Alert June 15, 2023

Opportunities for Global and Local Activist Investors are Growing in Korea

Recent developments in the Korean legal landscape have been in activist investors’ favor, opening new opportunities to assert their rights and interests in Korean companies.
Still, the intricacies of the Korean market and the dominance of chaebols mean investors should still tread carefully.
Creative strategies that navigate these complexities can bring investors the greatest chances of success.