Publications for Asset Recovery Committee

Editor's Note, August 2023

In the first issue of the newsletter, we focus on the latest judgments and trends in the world of asset recovery.

Released on Sep 7, 2023

Cryptocurrency – super asset or ‘cryptonite’?

How cryptocurrency is conceived of as property or asset and different jurisdictions’ approach to restraints, forfeitures and seizures. This article will discuss how Australia, the UK and the US have identified and categorised cryptocurrency as an asset or as property and the implications of that classification for regulatory and enforcement outcomes.

Released on Aug 28, 2023

Asset recovery in Pakistan: a call for international cooperation

There are substantial difficulties regarding asset recovery in Pakistan. Collaborations between global institutions, such as the United Nations Office on Drugs and Crimes (UNODC), the Financial Action Task Force (FATF) and INTERPOL, aim to curb this issue. Efforts to counter this problem include promoting national policies for tracing, seizure and confiscation of criminal assets, as well as enhancing operational cooperation and information sharing. This article will discuss the policy framework under the National Accountability Bureau Ordinance 1999 (‘Ordinance’).

Released on Aug 14, 2023

Obtaining the right evidence—the key to successful recovery in civil fraud litigation in England and Wales

The article discusses key applications available in England and Wales to obtain disclosure to assist with asset tracing and fraud claims.

Released on Aug 14, 2023

Asset recovery in cases of cross-border fraud in Polish law – new solutions and opportunities regarding bank liability

This article deals with the issue of recovering funds which are lost in connection with cross-border fraud, in particular, through the simultaneous conduct of criminal and civil proceedings, with particular emphasis on the possibility of holding the bank liable.

Released on Aug 14, 2023

The ‘Spanish Saga’ in the Antin case and beyond: award recognition and asset recovery in EU investment arbitration

The article discusses the impact of the High Court of London award in the Antin case in the context of the Achmea and Komstroy doctrines.

Released on Aug 14, 2023