International Judgment Enforcement & Offshore Asset Recovery

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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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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As the Middle East’s economic power rises, asset recovery is becoming more in demand, and practitioners will need to understand its intricacies in the region. Join Kobre & Kim’s Israel-based Jeremy Bressman as he speaks on a panel in the ThoughtLeaders4 FIRE Middle East Give Me My Money digital conference at 5pm Dubai time/1pm London time, October 27, 2020.

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Latin America’s recent economic boom has led many to proclaim it “inevitable” that Brazil becomes a center of international disputes. Kobre & Kim’s São Paulo-based lawyers Gabriela Ruiz, Scott Nielson and Carolina Leung explain in a chapter for Lexology’s “Enforcement of Foreign Judgments 2021” the ins-and-outs of gaining recognition and enforcement of foreign judgments in Brazil.

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On October 6, 2020, the European Union removed the Cayman Islands from its tax blacklist, the list of non-cooperative jurisdictions for tax transparency purposes. While being on the list in and of itself had no major consequences for the Cayman Islands, the legislative and regulatory reforms brought in by the Government have made it easier to trace assets within the offshore center, Kobre & Kim’s Jalil Asif KC explained.

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A typical instance of bribery occurs when an officer of a company bribes an official or politician. But who is the victim here – the company, whose assets were misappropriated, or the state, whose official abused his power? In English common law jurisdictions, the answer decides who receives any recovered assets, as Kobre & Kim’s Andrew Stafford KC and Evelyn Sheehan wrote in an analysis for International Comparative Legal Guides’ “Business Crime 2021.”

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Due to the global nature of fraud, and with rises in cases during the pandemic, it is important to stay abreast with developments in asset tracing tools around the world. Nine Kobre & Kim lawyers contributed three chapters on the ins-and-outs and latest trends of asset tracing in the British Virgin Islands, Hong Kong and South Korea in the newest edition of The Asset Tracing and Recovery Review.

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Monetizing judgments and arbitration awards against sovereign entities can lead to significant returns for investors, but it can become incredibly complicated. Kobre & Kim will be hosting a virtual panel to discuss recent challenges and opportunities within this space, as well as battle-tested and unconventional techniques to use against sovereign entities on Tuesday, September 29, 11am EDT / 4pm BST.

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We are proud to announce that Who’s Who Legal (WWL) recognized nineteen Kobre & Kim lawyers as Global Leaders in their latest global ranking of lawyers for 2020 in the areas of asset recovery, business crime defense, investigations and restructuring & insolvency.

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