Asset Recovery Asia

Commodities prices continue to fluctuate, and supply chains remain at risk. What is the future of insolvency in this market, particularly cross border insolvency? Have all the companies that were going to fail post-Covid failed, or do a number of them remain to be flushed out? And what direction for cross border recognition: will national courts try to find ways of being more protectionist, or will recognition remain reliable?

Crypto currencies have been in the press all year for all the wrong reasons, most spectacularly with the collapse of FTX. Our panel takes a deeper look at the technical legal issues involved. What protections, if any, do investors have if their exchange becomes insolvent? What prospects do liquidators in such cases have of recovering assets for creditors. And is it really possible to trace through crypto on a practical level, or do jurisdictional hurdles ultimately mean claimants will fail?

This ever-popular session is back! In View from the Bench, hear judicial perspectives on the biggest questions of the day, their experiences with Asia focused cases, litigation and arbitration, and take the opportunity to ask questions of titans of the bench. 

We discuss what causes of action are available to office holders, and how they differ from claims available to ordinary claimants. They also discuss the position of liquidators seeking injunctions like freezing orders: do the courts treat them differently, and what issues should lawyers be aware of?

Elizabeth Holmes of Theranos was said to have adopted a strategy of 'fake it till you make it' – said to be a common strategy for start ups. Our panel discusses the legal side of this: how far can a start up go in 'faking it' before it trespasses from advertising into fraud? What can investors rely on, and where should they carry out their own due diligence? Is there any hope of recovery for creditors in cases like this?

The panel will discuss trends over the last few years, and scan what is on the horizons for asset recovery lawyers. Will we be seeing more litigation or insolvency? Will funding play a major role? What sectors will be driving asset recovery litigation and why? Will crypto be the future of asset recovery, or is it a trend that will pass?