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

Looking to Enforce a PRC “Keepwell Agreement”? Look Outside the PRC

Mainland China is undergoing a wave of credit defaults, and creditors should use every tool available to maximize recovery.
Keepwell agreements, a promise by a PRC onshore parent company to maintain an offshore debt issuer’s solvency, is one option for overseas enforcement.
Creditors can use them to launch a multijurisdictional recovery campaign to drive up pressure on the debtor and reach a near-term settlement.

Events December 14, 2021

Jason Kang on Why Law Students Should Practice Arbitration in Hong Kong During HKIAC Open Day

Hong Kong is a center of dispute resolution involving Chinese and foreign parties, and as Kobre & Kim’s Jason Kang explains during the Hong Kong International Arbitration Centre (HKIAC) Open Day 2021, the city is a great choice for law school students and young practitioners aspiring to focus on global arbitration.

Events December 8, 2021

Vasu Muthyala and Calvin Koo Join Webinar on the Cryptocurrency Legal Landscape in Asia

The legal environment for cryptocurrencies across Asia and the world is evolving rapidly. Hong Kong-based Vasu Muthyala, a former U.S. Department of Justice prosecutor and Securities and Exchange Commission lawyer, and Calvin Koo, who represents financial technology clients on digital currency disputes, join a webinar hosted by Fintelekt Advisory Services and the Asian Bankers Association to survey the landscape at 11:00 am India time / 1:30 pm Singapore time, December 15, 2021.

Publications November 23, 2021

Andrew Stafford KC and Oleg Shaulko in Law360: Where Do The Bounds Of Sovereign Immunity Lie?

Kobre & Kim's London-based lawyers Andrew Stafford KC and Oleg Shaulko, who focus their practices on cross-border judgment enforcement matters involving sovereign entities, dive into the the issue of sovereign immunity in their article "How Immune are State Agents from Foreign Courts?" published in Law360.

Enforcement in Dubai Just Got Easier

The Dubai International Financial Centre (DIFC), a gateway to enforcing judgments in the Middle East, has just seen significant barriers to enforcement removed.
Creditors now have a much smoother path to collect on what they are owed both in onshore Dubai and across the region.
Our global Claim Monetization & Dilution team unpacks how creditors can save significant time and money.

Events November 17, 2021

Su Mien Tee Joins Asset Recovery Asia Q&A on Leading the Next Generation of Asset Recovery Lawyers

For senior lawyers working on complex asset recovery cases, each member of their team is crucial to success, and there are ways to get the best out of everyone. Kobre & Kim’s Su Mien Tee, who is based in Hong Kong and focuses on cross-border judgment and award monetization and asset recovery with a nexus to Asia, joins a virtual Q&A during the Asset Recovery Asia conference at 4:30 pm Singapore time, December 1, 2021.

Events November 16, 2021

Paul Hughes and Nada Oteifi Unpack Middle East Dispute Trends at Dubai Arbitration Week Seminar

As more global clients build up interests in the Middle East, their assets and reputation are increasingly exposed to disputes and investigations in the region. Speaking at a session hosted by Litigation Capital Management as part of Dubai Arbitration Week, Kobre & Kim’s Paul Hughes and Nada Oteifi unpack the latest developments in disputes across Dubai and the wider Middle East.

Accolades November 16, 2021

Kobre & Kim and Peter Tyers-Smith Earn Top Legal 500 Caribbean Recognitions

The latest Legal 500 Caribbean analysis once again placed Kobre & Kim among the very top dispute resolution law firms in the Cayman Islands, in addition to giving special recognition to Peter Tyers-Smith among individual practitioners.

Accolades November 16, 2021

Kobre & Kim Placed in GIR 100 2021

Global Investigation Review’s latest GIR 100, a guide to the world’s leading cross-border investigations practices, has listed Kobre & Kim among their top firms.

Publications November 16, 2021

Andrew Stafford KC on Collecting Investor-State Awards in ICLG

Bilateral investment treaties (BITs) have facilitated global investment, but their value hinges on the ability to collect on a BIT award if anything goes wrong – and when the award debtor is a sovereign state, investors face unique challenges. Kobre & Kim’s Andrew Stafford KC, who has deep experience in international judgment enforcement against sovereign debtors, walk through how creditors can navigate the complexities in a chapter for International Comparative Legal Guides’ “Investor-State Arbitration 2022.”

Events November 12, 2021

Nick Cherryman Leads Cambridge Forums Discussion on Investor-State Arbitration

By dealing with powerful counterparties over potentially billions of dollars, investors enforcing arbitration awards against sovereign states should be well aware of the legal, investigative and political challenges facing them. Kobre & Kim’s Nick Cherryman, who focuses on complex cross-border judgment enforcement, will discuss developments in this space during the Forum on International Judgments and Awards, hosted by Cambridge Forums.

Events November 11, 2021

Melisa Ortes González Discusses Digital Asset Recovery and Regulation at DeFi Roundtable

Blockchain has led to a boom in decentralized finance (DeFi), but the validity, benefits and architecture of these novel finance products remain a subject of intense debate. Lending her voice to the conversation, Kobre & Kim’s Melisa Ortes González, a dual U.S. and Argentine lawyer focused on cross-border digital asset recovery strategies, will join a roundtable discussion and happy hour hosted by Rise New York at 5pm local time, November 18, 2021.

Events November 2, 2021

Calvin Koo Discusses Arbitrations Involving Cryptocurrency and NFTs

As digital assets – particularly cryptocurrencies and non-fungible tokens (NFTs) – have proliferated as an alternative asset class, it is inevitable that they will become the center of arbitration disputes. Kobre & Kim’s Calvin Koo, who focuses on enforcement and tracing of digital assets, will discuss what this means for arbitration practitioners during a virtual panel at the Young Singapore International Arbitration Centre (YSIAC) Conference 2021 on 4:00 pm Hong Kong time, November 10, 2021.

Events November 2, 2021

Evelyn Sheehan and Martin De Luca Unpack Transnational Crime Issues at IBA Conference

Crime is increasingly transnational: criminals stash proceeds of crime around the world, and suspects are pursued across continents with international arrest warrants. But coordinating cross-border actions is complicated and practitioners must grasp the issues at stake. Kobre & Kim’s Evelyn Sheehan and Martin De Luca will take a deep dive into these topics during the International Bar Association’s (IBA) 23rd Annual Transnational Crime Conference from November 3 to 5, 2021, at The Westin Palace in Madrid, Spain.

Publications October 22, 2021

John Han to Reuters: Evergrande’s Eleventh-Hour Payment Only Shows They Are “Not Yet Ready for the House to Come Down”

Though China Evergrande Group, the heavily indebted Chinese real estate developer, made a US $84 million interest payment to its offshore bondholders just shy of the end of a grace period, the move has not allayed investor anxieties. Kobre & Kim’s Hong Kong-based John Han, who focuses on monetization of Greater China-based distressed debt, spoke to Reuters about what the payment means and how it falls short.