A primary area of our investigations practice is in support of litigation and asset recovery proceedings.
We specialise in working with in-house and external counsel to gather actionable intelligence and admissible evidence to help determine the best legal strategies for clients.
We can assist in:
- Conducting pre-litigation or pre-arbitration assessments to determine the worthiness of a claim
- Evidencing the ownership of counterparty assets in support of enforcement measures
- Identifying assets not presented in discovery
- Gathering evidence to prove the potential risk of asset dissipation
- Leading investigations into legal counterparties – analysing their reputations, histories, asset portfolios and vulnerabilities
- Conducting reverse due diligence on clients to establish what intelligence may be used against them by a counterparty’s legal team
Sovereign Disputes
Sovereign asset tracing offers unique challenges.
We assist clients in investor-state or state-to-state disputes, in monetising arbitral awards and in identifying misappropriated assets.
We understand the complexities of sovereign disputes including not only the highly politicised environment involving powerful stakeholders in which they operate but the added challenges of:
- Sovereign immunity
- The alter-ego test, providing state-owned enterprises (SOEs) are holding assets as an agent of the state
- Cross-border coordination
- Complex ownership structures in opaque jurisdictions
- Identifying flagship assets with higher leverage value
