International Judgment Enforcement & Offshore Asset Recovery

In recognition of his leadership in driving strategies for cross-border asset tracing and recovery in Greater China and beyond, Who’s Who Legal has ranked Kobre & Kim’s John Han among the “Recommended” lawyers for “Mainland China, Hong Kong SAR and Macao SAR – Asset Recovery.”

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Winning a judgment against a debtor is often just the first step on a long journey to recovery – the cross-border enforcement of high-value judgments can become complex quickly, especially against recalcitrant debtors and sovereign entities. Kobre & Kim’s Miami-based Adriana Riviere-Badell, who focuses on complex multijurisdictional civil litigation, explores key considerations for global practitioners at the American Bankruptcy Institute’s Caribbean Insolvency Symposium in Puerto Rico, during a session at 10:00 am on January 24, 2024.

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As the United Arab Emirates (UAE) emerges as a significant economic center, it has attracted international creditors seeking to recover debts as part of a worldwide enforcement campaign. Kobre & Kim’s Dubai-based Paul Hughes, who focuses on cross-border judgment and award enforcement, explores the options available for creditors to accelerate recovery and overcome common hurdles in an article for Law.com International.

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Arbitration has become an increasingly important and preferred method for international parties to resolve their disputes, putting more scrutiny on the role of arbitrators. Kobre & Kim’s Ana Frischtak, who focuses on high-stakes cross-border government enforcement defense matters with a nexus to Latin America, discusses during the AmCham Brasil Arbitration Event in São Paulo on November 24, 2023.

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What can targets of large-scale fraud do to get their assets back? Kobre & Kim’s Nada Oteifi, who focuses on cross-border award and judgment enforcement matters, explained how claimants can overcome the most common hurdles to tracing and recovery assets – including by using tools in the Middle East – during Dubai Arbitration Week on a panel on November 15, 2023.

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Obtaining an arbitral award or judgment is usually only the first step for creditors to recover against their debtors. What are some strategies creditors can use to accelerate this process and unlock value? Kobre & Kim’s Dubai-based Richard Clarke and Nada Oteifi, together with Omni Bridgeway, co-hosted a panel discussion during the Dubai Arbitration Week to explore these issues and more on November 14, 2023.

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Evaluating legal risk is the bread and butter of litigation finance -- but as an increasing number of financial institutions come under financial strain and claimants fight over a shrinking pool of assets, collectability risk has become just as important a consideration. Kobre & Kim's Andrew Stafford KC, who focuses on international judgment enforcement and asset recovery, explores collectability in the context of litigation funding at C5's Fraud, Asset Tracing & Recovery conference in Paris during a panel at 2:45pm local time, October 26, 2023.

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The international arbitration award enforcement landscape has shifted in recent years. Recent developments have revealed both opportunities and challenges for practitioners, including in disputes against sovereign entities. Kobre & Kim’s Andrew Stafford KC and Kiran Unni, both of whom focus on the enforcement of international judgments and awards, shared their insights at the Istanbul Arbitration Week during a panel on October 3, 2023.

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The international arbitration award enforcement landscape has seen major developments over the past year. Kobre & Kim’s Adriana Riviere-Badell, who focuses on international judgment enforcement and asset recovery, explored what this means for practitioners during the 12th Annual Atlanta International Arbitration Society (AtlAS) Conference in Atlanta, Georgia, on a panel on October 5, 2023.

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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.

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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.

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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.

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