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International Judgment Enforcement & Offshore Asset Recovery

Kobre & Kim has worked as enforcement counsel on the two largest international arbitration award enforcement projects in the world. As the only firm able to deliver the full spectrum of global asset recovery services, our team has been featured on the cover of The Wall Street Journal and recognized repeatedly in legal industry publications as one of the most highly regarded judgment enforcement/asset recovery firms.

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Publications March 10, 2021

John Han, Merrick Watson and Timothy de Swardt Unpack Their “Groundbreaking” BVI Judgment in Global Restructuring Review

In a groundbreaking judgment obtained by Kobre & Kim, the BVI Commercial Court for the first time made a committal order against a personal defendant residing outside of the British Virgin Islands for failing to appear at a hearing. With their colleague John Han, Kobre & Kim’s Merrick Watson and Timothy de Swardt, who obtained the ruling, explained the significance of the judgment in an article for Global Restructuring Review.

Events February 16, 2021

Timothy Haynes to Join Panel on Insolvency Powers in Cross-Border Asset Recovery Cases

Kobre & Kim’s Timothy Haynes will join a panel on insolvency powers in cross-border asset recovery cases at the Asset Recovery Middle East virtual conference hosted by Informa on February 17, 2021 at 11:20 am Arabian Standard Time.

Events February 5, 2021

Carrie Tendler to Discuss Recovering Assets From Sovereign State Debtors

Kobre & Kim’s Carrie Tendler will join the “Sovereign States – a Rorschach Test?” panel hosted by ThoughtLeaders 4 Fire to discuss asset recovery against sovereign states on February 9, 2021 at 2:00 pm EST.

Publications February 5, 2021

Benjamin Sauter Explains Precedent-Setting Digital Currency Recovery Case

A precedent-setting case has shown how recovering stolen digital assets may now be even easier than traditional asset recovery. Kobre & Kim’s Benjamin Sauter, who took part in that case, spoke with Forkast News about the case’s impact on the wider industry.

Client Alert January 28, 2021

Keeping Offshore Assets Offshore

Prevailing case law in BVI and Cayman has historically not allowed injunctions to be granted by the offshore courts unless there is an existing claim against the defendant within the jurisdiction of the Court granting the injunction.
Fortunately, that position has changed in the Cayman Islands and now in BVI, with claimants, including those from onshore jurisdictions such as Hong Kong and the People’s Republic of China, able to obtain “free-standing” injunctive relief in both offshore jurisdictions.
With the advent of the new law in BVI, and the continuing willingness of the Cayman Islands’ Courts to make protective orders, victims of fraud are now in a better position than they have ever been to guard against a defendant’s dissipation of its offshore assets whilst they are waiting for a judgment.

Accolades December 18, 2020

Chambers and Partners Again Recognizes Kobre & Kim as Top International Law Firm in Korea and China for 2021

Chambers and Partners has once again recognized Kobre & Kim as among the top international law firms in South Korea and in China for 2021.

Publications December 15, 2020

Tim Haynes, John Han and Jason Kang Dispel Myths on Enforcing Chinese Judgments and Awards Overseas in Caixin

As the recent case of Jia Yueting demonstrates, the commonly shared idea among Chinese companies that Chinese court judgments and arbitral awards cannot be enforced outside China, particularly in offshore jurisdictions, is a misconception. Kobre & Kim’s Tim Haynes, John Han and Jason Kang explain in an article for the Chinese investigative media Caixin.

Publications December 11, 2020

John Han, Su Mien Tee and Francesca Ip Analyze Implications of Recent Hong Kong Ruling on Challenging and Enforcing Awards in GAR

A recent decision by a Hong Kong court demonstrates the importance of the initial decision by both arbitral award creditors and debtors of where and when to enforce or challenge an award, Kobre & Kim’s Hong Kong-based lawyers John Han, Su Mien Tee and Francesca Ip, along with patent attorney Dr. Marc Labgold, wrote in an article for Global Arbitration Review.

Events December 4, 2020

Rebecca Hume and Jef Klazen Attend Exclusive Cambridge Forum as Steering Committee Members

Kobre & Kim’s Rebecca Hume and Jef Klazen will be attending Cambridge Forum’s Forum on International Enforcement of Judgments & Awards, taking place virtually from December 4 to 8, 2020.

Accolades December 3, 2020

Kobre & Kim Makes the GIR 100 for 5th Consecutive Year

For the fifth consecutive year running, Kobre & Kim has made the Global Investigations Review (GIR) 100 as one of the world’s leading law firms to handle cross-border investigations.

Publications November 18, 2020

Andrew Stafford KC on How to Enforce Investor-State Arbitration Awards Against Recalcitrant Sovereign Entities

Investors who win arbitration awards against sovereign entities often find themselves facing the fresh challenge of standing up against a sovereign state. Kobre & Kim’s Andrew Stafford KC, who has deep experience enforcing against sovereign debtors, walks through how it can be done in a chapter first published in “Investor-State Arbitration 2021” by International Comparative Legal Guides.

Events November 17, 2020

Nick Cherryman Joins Panel on Debt Enforcement Strategies for Indian Banks with Non-Performing Loans

A critical issue for Indian banks has been the amount of non-performing loans weighing down their balance sheets and profitability. Fortunately, as Kobre & Kim’s Nick Cherryman will discuss on an InformaConnect virtual panel at 4:45pm New Delhi time / 11:15am London time, November 19, 2020, there are global solutions to this seemingly intractable problem.

Events November 12, 2020

Finding the Unknown: Creating Innovative Strategies to Protect and Recover Assets in Complex Family Disputes

Family disputes, such as those over divorces and estates, often spiral out of control, with assets snatched and hidden away by one side aiming to deter an easy resolution. Learn more about handling complex asset protection and recovery challenges in high-stakes family disputes in an interactive workshop, led by Gabriela Ruiz, Adriana Riviere-Badell, Evelyn Sheehan and Carolina Leung on November 19, 12pm EDT/2pm BRT.

Firm News November 6, 2020

U.S. District Judge Finds Nigeria Misled Court in Effort to Avoid Payment of $9.6 Billion Award

Nigeria misled a federal district court judge as part of an effort to attack a $9.6 billion arbitration award made against it, according to a ruling issued today by U.S. District Judge Paul A. Engelmayer of the Southern District of New York.

Events November 5, 2020

Michael Kim Dispels Common Misconceptions of Overseas Asset Forfeiture in Lecture to ROK Police

In many cases, law enforcement authorities end up on the wrong paths when they try to trace and forfeit criminal proceeds. Kobre & Kim founding partner Michael Kim dispelled the most common misconceptions in a recent presentation to the Republic of Korea (ROK) Police in October 2020, pictured below.

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