Defending your interests across borders
Protection and Debt Recovery
An outstanding international debt or a defaulting counterparty requires a swift, structured response tailored to the relevant jurisdiction. ICARUS INVESTMENT coordinates the necessary resources to locate a debtor, negotiate a settlement, trace assets and, where amicable solutions fail, engage the relevant professionals to defend the creditor’s interests.
Cross-border debt recovery through amicable settlement
Before initiating international legal proceedings, a properly managed out-of-court debt recovery strategy can help secure a settlement whilst minimising the costs, delays and uncertainty associated with litigation.
We coordinate measures tailored to the debtor’s circumstances: formal notices in the local language, involvement of local professionals, and negotiations that take into account the country’s commercial and cultural practices.
Internationally, the approach taken when dealing with a debtor can have a direct impact on the effectiveness of debt recovery. Appropriate local intervention can sometimes be more effective than a series of reminders sent from afar.
Where circumstances permit, the aim may also be to obtain a legally binding acknowledgement of debt in order to formalise the claim and strengthen the creditor’s position for subsequent stages.
Litigation and International Arbitration
Where amicable solutions prove unsuccessful, ICARUS INVESTMENT coordinates with the relevant professionals to assess and pursue the appropriate legal remedies.
The proceedings may relate to the local enforcement of a judgment already obtained in another jurisdiction, the enforcement of an international arbitral award, or the coordination of proceedings brought directly in the debtor’s country.
The enforcement of arbitral awards may, in particular, take place within the framework of the New York Convention, where its provisions are applicable to the situation in question.
Where the debtor’s financial situation warrants it, insolvency or bankruptcy proceedings may also be explored with the relevant local professionals.
Debtor tracing & Asset identification
An international debtor may attempt to evade payment by changing its company name, relocating its operations or concealing assets behind a series of corporate structures.
We coordinate investigations to trace chains of ownership, identify beneficial owners and locate assets that may be of interest for recovery purposes.
Locating the debtor also ensures that, where necessary, procedural documents are duly served.
Preventing international credit risk
Protecting a company’s interests begins before an outstanding debt arises.
Our approach therefore incorporates a preventative element: checking the creditworthiness and background of a foreign partner, analysing their payment history and exploring the options for trade credit insurance.
Reviewing contractual safeguards also helps to reduce exposure: retention of title, late payment penalties and jurisdiction clauses can strengthen the creditor’s position in the event of future default.
Our aim is double: to mobilise the resources needed to recover the tied-up capital and to help reduce the risk of the situation recurring.
SUBMIT AN INTERNATIONAL CLAIM OR DISPUTE TO US
