Anahata Solutions

Cross-border recovery under restrictions

Expert Opinion
July 2, 2025

Client case background

A Chinese supplier faced non-fulfilment of obligations by a large holding, whose structure included multiple business units across different countries. Formally, the obligations were assigned to the Russian subsidiary, which significantly complicated the recovery process due to sanctions and banking restrictions.

The client approached us with the question of whether debt recovery could be initiated through other business units of the holding in foreign jurisdictions, and how to determine the most effective and economically viable path to recover the funds.

Challenge and opportunity. Overcoming jurisdictional barriers to hold the group accountable

The key challenge was that the Russian business unit was the only formal debtor under the obligations. This structure limited the use of standard recovery mechanisms and increased the risk of ineffective actions. The potential solution lay in mapping corporate links, identifying foreign assets, and selecting jurisdictions where the parent company and affiliated entities could be held liable.

Primary objectives of the client. Establish liability, target assets, and optimise enforcement costs

1. Confirm the possibility of extending liability to the parent company and related business units.
2. Identify debtor assets located outside of Russia and available for enforcement.
3. Develop a legal strategy that balanced speed, cost-efficiency, and enforceability.
4. Identify jurisdictions where the holding has assets and business operations that provide the most advanced practice of extending liability to affiliated entities and allow the use of corporate veil-piercing mechanisms in the creditor’s interest.
5. Select the optimal jurisdiction to initiate recovery, considering cross-border corporate and financial structures.

Solution. Data-driven investigation and expert legal opinion for cross-border enforcement

A comprehensive approach was applied, combining legal strategy, commercial investigation, and expert assessment. The Anahata Solutions team provided a detailed description of the holding’s corporate structure, financial flows, business activity map, and key interconnections. Data Research uncovered hidden links and foreign assets, while Expert Opinion established the evidentiary basis for holding the parent company and affiliated units liable.

A verified dataset, structured evidence, and a comparative analysis of jurisdictions were prepared for the client’s legal team. These materials served as a platform for selecting effective enforcement scenarios and building arguments resilient to sanction-related restrictions, which enabled a more efficient resolution of the debt.

Key steps

1. Analysed corporate registries and ownership structures across multiple jurisdictions to establish links between the Russian subsidiary, parent company, and international units.
2. Identified assets and financial flows outside of Russia that could be targeted for enforcement.
3. Reviewed intercompany contracts, reporting, and governance frameworks to prove the parent’s control and consolidate liability.
4. Developed Expert Opinion on mechanisms for joint liability, cross-border enforcement, and the most effective jurisdiction for recognition and execution.
5. Designed enforcement strategy combining asset freezes, cross-border litigation, and commercial leverage to accelerate repayment.

Analytical component (Data Research)

Data Research confirmed the parent company’s control over the foreign subsidiary by revealing a consistent system of corporate and financial links. This conclusion was supported by the integration of multiple sources, including corporate registries, data on foreign trade operations and major transactions, regulatory filings, court documents, and the analysis of commercial relationships. This approach provided the evidentiary basis for extending liability to foreign assets.

Expert opinion

Expert Opinion enabled the client’s legal team to strengthen their position with clearly structured answers to critical issues. We demonstrated that legal and corporate mechanisms could be used to hold not only the Russian subsidiary but also the parent company and its international business units accountable. Financial and legal instruments were identified to trace and leverage the holding’s overseas assets, minimizing both costs and the risk of evasion. In addition, we selected the most effective jurisdiction for initiating enforcement, taking into account cross-border asset flows and the specific features of legal practice in different countries, which ensured the practical enforceability of the decision.

Result. Enforcing recovery beyond Russian borders

The debt recovery was achieved through the identification of foreign assets and the use of international jurisdictions. This approach accelerated the enforcement process and reduced costs. The client avoided risks associated with sanction-related restrictions and the complexities of enforcing judgments in Russia, and obtained an effective mechanism for recovering funds.

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