Strategic advisory in an international arbitration concerning cross-border loan recovery

Osborne Partners supported a high-stakes international arbitration involving the recovery of substantial cross-border loans from an ultra-high-net-worth individual in India. The subject sought to shield assets by claiming bankruptcy, requiring a fast, multi-jurisdictional investigation to establish their true financial position and identify hidden wealth. Led by Partner Avanti Bhati, the engagement uncovered significant undisclosed shareholdings and indirectly controlled assets, helping the client’s counsel successfully challenge the bankruptcy claim and secure a favourable judgment for the lenders.

Expert:

Avanti Bhati

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Retained by legal counsel representing international financial institutions in an arbitration matter against an ultra-high-net-worth individual from India, the subject had claimed bankruptcy to avoid repayment of substantial loans. Counsel required comprehensive asset tracing to challenge the bankruptcy claim and demonstrate the subject's actual financial position. Avanti Bhati led the engagement to identify the subject's undisclosed shareholdings and asset holdings across multiple jurisdictions.

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Evaluate

Our investigation combined a detailed review of public corporate records with discreet source enquiries to map the subject's actual asset base. Through systematic analysis of publicly available data and corporate filings, we identified significant undisclosed holdings that contradicted the subject's bankruptcy claims. Our enquiries revealed a pattern of deliberate asset dissipation, including transfers to family members and the creation of layered corporate structures designed to obscure beneficial ownership. We successfully traced land holdings and other substantial assets that, while not registered in the subject's name, were indirectly controlled through complex corporate arrangements spanning multiple entities.

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Communicate

Avanti Bhati provided counsel with comprehensive documentation of the subject's identified assets, including detailed ownership charts mapping the corporate structures used to conceal beneficial ownership. Our findings demonstrated that the subject maintained substantial undisclosed wealth and had actively engaged in asset dissipation to frustrate creditor claims. The evidence we compiled enabled counsel to successfully challenge the bankruptcy claim, resulting in a favourable judgment for the international financial institutions.

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Service

Business Intelligence & Investigations

We support clients across the investment lifecycle, from pre-investment due diligence to post-investment investigations and public policy risk assessments, helping them identify and respond to reputational, regulatory and governance risks.

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Expert

Avanti Bhati

Partner

Avanti specialises in business intelligence, investigations and political risk, with a track record of uncovering assets worth millions in cross-jurisdictional cases.

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