Henry Winter and Jeffrey Lee write in Hubbis about arbitration and cross-border family wealth in Asia
min readThe growing international reach of Asia’s wealthiest families is creating increasingly complex disputes involving multiple legal systems, asset classes and jurisdictions. Family structures and governing documents may not always keep pace with relocations, generational transitions and the geographical diversification of assets.
The absence of a region-wide framework for enforcing court judgments can make litigation particularly challenging where a family’s assets are spread across Asia. Arbitration may offer a more coherent route through the enforcement framework provided by the New York Convention, alongside privacy and a neutral forum for resolving sensitive family and commercial disagreements.
Consistent dispute resolution provisions across shareholders’ agreements, trust deeds, family constitutions and other governing documents can help reduce the risk of related claims being divided between different forums. These arrangements should also be revisited when significant changes occur, including relocation, generational succession or expansion into another jurisdiction.
Henry Winter, Partner in our Dispute Resolution team, and Jeffrey Lee, Partner in our Private Client team, write in Hubbis:
As Asia's wealthiest families spread their lives and assets across an ever-wider arc of jurisdictions, arbitration is no longer a niche consideration – it is the connective tissue that holds a coherent dispute resolution strategy together.
Read the full article in Hubbis here.
