Simon Bushell and James Davies of Latham & Watkins LLP explain the process of locating, preserving and recovering assets in the UK and overseas.
It is important for international companies to be able to plan and implement an effective enforcement strategy across multiple jurisdictions as soon as possible after discovering a wrongdoing.
Even at the very start of a commercial relationship, parties should be thinking about the potential for enforcement in the event of a dispute; for example, by finding out as much as possible about the counterparty’s assets in advance and by negotiating effective governing law and dispute resolution clauses.
Originally published in PLC Magazine, published by Practical Law, part of Thomson Reuters (Professional) UK Limited in March 2014.
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