Cross-Border Asset Recovery

The 2020 coronavirus pandemic has not spared the asset recovery practice from its profound impacts. As we previously have discussed, the pandemic accelerated trends toward increased globalization and the ability of evasive debtors to move assets fluidly around the world, as business operators, banks, regulators and virtually all market segments rapidly embraced remote work and electronic commerce.

With courts and government agencies around the world enacting emergency measures in response to the Covid-19 pandemic – ranging from complete shutdowns to delays and limitations – advancing the ball in dispute resolution is more challenging than ever.

You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the award-debtor’s assets are all held in or have been moved to a country that is not a party to the New York Convention. Now what?