International Judgment Enforcement & Offshore Asset Recovery

Looming defaults of a number of Chinese private companies, including Evergrande and Suning, point to a complicated relationship with offshore creditors that may leave foreign investors without a path to recoup their investments via Chinese courts. In Anastasiia Carrier’s article “Trust Games” in The Wire China, Kobre & Kim’s Jason Kang touches on why offshore creditors face such an uphill battle and hints at possible strategies for recovery.

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How will government enforcement regulations keep up with the rapid evolution of digital assets? Kobre & Kim’s Lara Levinson and Calvin Koo, who focus on enforcement and tracing of digital assets, will discuss the potential intersection of anti-money laundering (AML), cryptocurrencies and non-fungible tokens (NFTs) at the AML/CTF Annual Summit Philippines, at 2:45 pm Manila time / 6:45 am London time on Friday, November 26. 

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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.

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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.

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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.

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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.

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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.”

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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.

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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.

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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.

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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.

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Reflecting the firm’s deepening engagement with the region, Kobre & Kim has for the first time been listed in Legal 500’s Latin America International Firms directory, earning a place among the top firms for compliance and investigations, and those with an office in Miami.

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Though much of English law has developed to adapt to the rise of digital assets, the tort of conversion has not followed, depriving claimants of a tool to recoup losses from third parties. Kobre & Kim’s Andrew Stafford KC and James Chapman-Booth explained the shortfall in an article for New Law Journal. 

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For victims of illicit trade around the world, ineffective law enforcement has given illicit producers a low risk, high reward environment. The solution is to adopt an aggressive cross-border campaign focused on their assets, as Kobre & Kim’s Jason Masimore will explain during the 2021 PGS Global Brand Innovation Programme at 11:00 am Amsterdam time, October 20.

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