Disputes between companies engaging in international business in both onshore and offshore jurisdictions are commonplace. The variety of the multijurisdictional elements involved is as broad as the wide range of offshore structuring options available to the entities themselves or in respect of their assets. Given the sophistication and variety of the offshore involvement in international business it is not always possible to formulate an asset recovery strategy at the outset of a dispute with any certainty of its ultimate effectiveness. Once a judgment has been obtained, complicated issues may arise when a successful party is left trying to enforce a judgment in a number of different jurisdictions or where there are various obstacles in the way of making any effective recoveries.
This article was originally published in International Corporate Rescue (Volume 14, issue 1).
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