Enforcement of Judgements

Enforcement of court judgments and arbitration awards can be complex, but is an essential part of dispute resolution – there may be little to be achieved in winning a judgment or award, if you cannot then turn that into recoveries.

Seladore knows through experience which procedures are most likely to result in the quickest recovery for our clients – and, where we are acting on cross-border enforcement, which jurisdiction is preferred and which convention or treaty should be used. We are also very familiar with the techniques for securing and protecting assets at an early stage in proceedings (for example through freezing orders against defendants, or those who might hold assets on their behalf) in order to ensure that assets are available for enforcement in due course.

Information can often be key to enforcement and can obtain through techniques such as asset disclosure orders, as well as orders against third parties (including banks) to obtain information on assets. We also have good contacts within the business intelligence community who can assist in identifying assets and transfers.

We have helped clients obtain post-judgment freezing injunctions (including obtaining injunctions at short notice to stop contemplated transactions), third party debt orders, and to deploy various other tools to assist in recovery, such as the use of bankruptcy and insolvency procedures. We also have experience of enforcing against real estate assets, including taking possession of high-end real estate, and forcing a sale of the relevant property in order to recover funds for our client.

Where judgment debtors have sought to put assets beyond reach, we can advise in relation to potential action to recover those assets by seeking to set aside transactions and claw back assets, even when they are in the hands of third parties.