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Key Litigation Issues in Offshore Fund Structure

Robin Jaehyung Baik, Jin Yeong CHUNG, Michael P Maxwell, and Helen Wang

Client demand has increased in disputes and recovery efforts through multijurisdictional litigation, particularly in the context of investment structures involving private equity funds, hedge funds, and other investment vehicles touching offshore jurisdictions, both for the investor/victims and asset managers and investment professionals.  If the fund manager is out of contact and/or there is circumstantial evidence of mismanagement or misappropriation of funds, what tools do investors-as limited partners in an offshore investment vehicle, possess to protect themselves?  The challenge will be the structure’s global reach, which will likely be complex: We will examine the typical structure in Asia used in cross-border investment projects (e.g., Cayman Islands Exempt Limited Liability Partnership). 

This panel was presented at the Fall 2023 Asia/Pacific Conference on “Law and Technology in a Changing World” in Seoul, South Korea.