Client. An international group of companies with operations in the Eurasian Economic Union, seeking to enforce a recovery claim against a Kyrgyz counterparty that had entered insolvency proceedings.
Background. The counterparty had completed a series of asset disposals and intercompany transfers in the period preceding its insolvency filing. The group suspected that certain transactions had been structured to remove recoverable assets from the estate before creditors could assert their claims — a pattern that Kyrgyz insolvency legislation addresses through a set of statutory avoidance mechanisms broadly aligned with EAEU regional practice, though applied with procedural features specific to Kyrgyzstan's courts. The instructing group required counsel experienced in both Kyrgyz insolvency procedure and cross-border recovery coordination, as a portion of the assets involved had migrated across a second jurisdiction.
Our role. Counsel analysed the disputed transactions against the avoidance framework under Kyrgyz insolvency legislation, identified the grounds most likely to withstand judicial scrutiny at the enforcement stage, and supported the group's primary litigation team in coordinating the challenge proceedings. Counsel also advised on the sequencing of enforcement steps across the two jurisdictions involved to preserve asset value and avoid procedural prejudice to the claims.
Outcome. Debt recovered in full across two jurisdictions.
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