Support with enforcement of an arbitral award

Osborne Partners was instructed by legal counsel to support enforcement of an arbitral award by identifying attachable assets held by the respondent company. Led by Partner Avanti Bhati, we combined corporate record analysis with discreet enquiries to map the company’s asset base and identify priority unencumbered assets that could be targeted first in enforcement proceedings. Our findings helped counsel move quickly to protect value, including seeking interim relief in light of the company’s efforts to raise cash through a stake sale.

Expert:

Avanti Bhati

Investigate

Osborne Partners was retained by legal counsel representing a client who had secured an arbitral award against a corporate entity. Counsel required comprehensive asset identification to support enforcement proceedings and recovery of the awarded amount. Our mandate was to identify and assess all material assets held by the subject company that could be attached to satisfy the judgment.

Evaluate

Our investigation combined a detailed review of publicly available corporate records with discreet source enquiries to map the subject company's asset base. We identified significant tangible assets across multiple categories, including immovable assets such as land parcels and plant and equipment, movable assets including inventories and trade receivables and liquid holdings in the form of cash reserves. Through our enquiries, we uncovered that the subject company was actively attempting to raise cash through a stake sale transaction. Critically, we identified two unencumbered land parcels that represented immediately attachable assets, as well as several other encumbered assets that could potentially be targeted for attachment to satisfy the arbitral award.

Communicate

Osborne Partners provided counsel with a comprehensive asset report detailing the subject company's identified holdings, including precise locations and estimated valuations of material assets. Our findings prioritised unencumbered assets suitable for immediate attachment and highlighted the subject's ongoing asset liquidation efforts, enabling counsel to expedite enforcement proceedings. The intelligence on the pending stake sale allowed counsel to seek appropriate interim relief to preserve assets pending execution of the award.

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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