Insights

• Driven by projects with significant foreign participation and layered cross-border joint venture structures, Israel’s expanding infrastructure market is increasing the frequency and complexity of disputes that often unfold across multiple jurisdictions.
• Governance breakdowns, funding obligations, deadlock mechanisms, and enforcement challenges rooted in early-stage structuring decisions shape where disputes arise, how they proceed, and the options available to project participants.

Read More

• Use of artificial intelligence in legal disputes and investigations can unintentionally imperil sensitive information.
• A recent federal court ruling allowing prosecutors to access AI-generated materials highlights how AI tools’ data-retention practices and terms of use can make communications discoverable.
• Practical guardrails can help potential litigants preserve privilege, protect legal strategy, and reduce litigation and reputational risk.

Read More

• Governments in Europe, the UK, and the U.S. are expanding sanctions and enforcement actions targeting “shadow fleets” — vessels that operate outside traditional flag, insurance, tracking, and ownership-transparency standards.
• These developments create legal, operational, and reputational risks for companies connected to global shipping and related sectors.
• Companies may take measures to assess exposure, strengthen monitoring, prepare for enforcement actions, and coordinate with regulators and counsel.

Read More

• Hong Kong arbitration serves as a gateway for cross-border disputes involving both Mainland China and offshore financial centers.
• Its arbitration-friendly courts, unique access to mainland interim measures, and strong enforcement reach position Hong Kong not just as a neutral seat, but as a practical hub for multi-jurisdictional enforcement and recovery.

Read More

• Reputational damage extends far beyond public perception, often triggering regulatory scrutiny, banking disruption, and civil and creditor actions across borders.
• There are proactive strategies to protect stakeholder relationships, enterprise value, and legal positioning.

Read More

• Africa’s extractive industries are fast becoming one of the world’s most contested investment arenas amid surging demand for critical minerals.
• However, rising nationalism, shifting political dynamics, and intensifying geopolitical tensions are increasing cross-border risk.
• These forces are driving regulatory change and disputes across the sector. Investors should adopt practical strategies to protect assets, manage political exposure, and respond to enforcement and cross-border challenges.

Read More

• Rising sovereign debt and evolving restructuring and enforcement dynamics are reshaping recovery strategies.
• Developments in restructurings in low- and middle-income countries and increased enforcement against long-standing debtors are creating new opportunities for coordinated, cross-border approaches that can enhance recoveries and accelerate timelines beyond traditional sovereign litigation.

Read More

• Personal guarantees can be a powerful tool in distressed private credit, particularly in non-sponsor and founder-led transactions where corporate collateral may prove insufficient.
• But their effectiveness in default scenarios depends on a well-designed enforcement plan, emphasizing early asset mapping and cross-border strategies to improve the risk-adjusted recovery outlook.

Read More

• Kobre & Kim Co-Founder Michael Kim joined host Renato Sapiro on the Brazilian podcast Direito de Resposta.
• He discussed the firm’s unconventional beginnings and shared candid insights on cross-border strategy, accurately addressing client needs, and how lawyers can stay valuable in a rapidly evolving market.

Read More

• South Korea is tightening its approach to digital asset oversight, expanding investigations and broadening regulatory reach over exchanges, stablecoin issuers, and cross-border activity.
• The shift increases the likelihood that routine market behavior may face regulatory scrutiny.
• To manage rising risk, firms with exposure to Korea’s crypto market should stay current on evolving rules, maintain strong records, and engage proactively with authorities.

Read More

• Kobre & Kim secured a ruling in the Dubai International Financial Center (DIFC) Court, which broadens creditors’ tools to locate debtor assets, allowing examinations of directors and officers, including former and foreign-based individuals, and permitting inquiries into the means by which a debtor might satisfy a judgment, including potential asset transfers and causes of action.
• The decisions strengthen post-judgment discovery and reinforce the DIFC as a creditor-friendly venue for cross-border enforcement.

Read More

• Kobre & Kim secured landmark judgments in Belize and Trinidad & Tobago recognizing a multi-billion-dollar International Center for Settlement of Investment Disputes (ICSID) award against Venezuela, believed to be the largest arbitration award enforcement in each jurisdiction’s history.
• These wins open new pathways for ICSID award recognition in the Caribbean and underscore the firm’s cross-border enforcement capabilities.

Read More

• Chinese ultra-high-net-worth individuals are increasingly relying on offshore trusts, but recent cross-border cases show courts and creditors are increasingly scrutinizing these structures, especially when settlors appear to retain control.
• With rising regulatory scrutiny and evolving laws in China, maintaining strong independent governance and carefully structured protections is essential to keep these trusts effective and shield family wealth.

Read More

• As Sukuk Islamic bonds gain global prominence, investors face distinct enforcement and recovery challenges arising from their Sharia-compliant, asset-linked structures.
• Effective protection of investor value depends on understanding who holds enforcement rights, assessing the true reach of underlying assets, coordinating action across jurisdictions, and ensuring strong engagement among Trustees and Sukuk holders.

Read More