Creditors who undertake enforcement efforts only after they have won final arbitral awards against China-based debtors often face an uphill battle in monetizing their award. Debtors often ignore legal proceedings, put offshore subsidiaries into insolvency, or “abandon the jurisdiction” if they do not have substantial offshore assets and are “judgment proof” in a certain jurisdiction.
In such cases, a successful monetization strategy has to look beyond the New York Convention and instead focus on a global approach to enforcement, in particular through a combination of:
a) In person remedies against key decision makers to create legitimate forms of pressure; and
b) Targeted in rem seizures against a debtor’s strategic assets, which can help overcome barriers to enforcement and trigger short-term settlement events.
This seminar will discuss what steps award creditors seeking enforcement against Greater China-based debtors can take (even before winning a final award) to achieve the best monetization results.
Please note that this event is free to attend once you have paid the HK Arbitration Week Participation Fee of HK$150.
This event will run as a hybrid session. Choose to attend by Zoom or in-person when registering on the HKIAC registration portal. For those who are attending in-person, a confirmation email will be sent by Kobre & Kim to confirm your attendance.
Please note that all in-person attendees are required to complete HKIAC’s Health Declaration Form prior to visiting the Centre. The online form will be sent to you prior to the event.
Hong Kong International Arbitration Centre
38th Floor Two Exchange Square, 8 Connaught Place, Central, Hong Kong