Definitive global law guides offering comparative analysis from top-ranked lawyers
INTRODUCTION | 6 |
Contributed by Simon Bushell and Gareth Keillor, Seladore Legal | 6 |
AUSTRALIA | 12 |
Law and Practice | 12 |
Contributed by HFW | 12 |
BRAZIL | 37 |
Law and Practice | 37 |
Contributed by Duarte Forssell Advogados | 37 |
Trends and Developments | 58 |
Contributed by Duarte Forssell Advogados | 58 |
CAYMAN ISLANDS | 65 |
Law and Practice | 65 |
Contributed by Appleby | 65 |
Trends and Developments | 82 |
Contributed by Appleby | 82 |
CHILE | 90 |
Law and Practice | 90 |
Contributed by Bofill Escobar Silva Abogados | 90 |
Trends and Developments | 105 |
Contributed by Winter Etcheberry | 105 |
CHINA | 113 |
Trends and Developments | 113 |
Contributed by Secretariat | 113 |
FRANCE | 122 |
Law and Practice | 122 |
Contributed by Le 16 Law | 122 |
Trends and Developments | 143 |
Contributed by Le 16 Law | 143 |
GREECE | 150 |
Law and Practice | 150 |
Contributed by ANAGNOSTOPOULOS | 150 |
Trends and Developments | 165 |
Contributed by Ovvadias S. Namias Law Firm | 165 |
HONG KONG SAR, CHINA | 172 |
Law and Practice | 172 |
Contributed by Holman Fenwick Willan | 172 |
INDIA | 196 |
Law and Practice | 196 |
Contributed by AZB & Partners | 196 |
Trends and Developments | 224 |
Contributed by AZB & Partners | 224 |
ITALY | 232 |
Trends and Developments | 232 |
Contributed by Fornari e Associati | 232 |
LIECHTENSTEIN | 242 |
Law and Practice | 242 |
Contributed by Niedermüller Attorneys-at-Law | 242 |
MONACO | 265 |
Law and Practice | 265 |
Contributed by Donald Manasse Law Offices | 265 |
POLAND | 279 |
Law and Practice | 279 |
Contributed by KW Kruk and Partners Law Firm | 279 |
Trends and Developments | 295 |
Contributed by KW Kruk and Partners Law Firm | 295 |
SINGAPORE | 298 |
Law and Practice | 298 |
Contributed by Rajah & Tann Singapore LLP | 298 |
Trends and Developments | 315 |
Contributed by Rajah & Tann Singapore LLP | 315 |
SOUTH KOREA | 320 |
Law and Practice | 320 |
Contributed by DR & AJU LLC | 320 |
SWITZERLAND | 337 |
Law and Practice | 337 |
Contributed by Monfrini Bitton Klein | 337 |
Trends and Developments | 357 |
Contributed by Canonica Valticos Carnicé & Associés | 357 |
UK | 366 |
Law and Practice | 366 |
Contributed by Seladore Legal | 366 |
Trends and Developments | 386 |
Contributed by StoneTurn | 386 |
UNITED ARAB EMIRATES | 393 |
Law and Practice | 393 |
Contributed by Herbert Smith Freehills | 393 |
Trends and Developments | 418 |
Contributed by Herbert Smith Freehills (Dubai) | 418 |
USA | 425 |
Law and Practice | 425 |
Contributed by MoloLamken | 425 |
Trends and Developments | 447 |
Contributed by MoloLamken | 447 |
USA – NEW YORK | 453 |
Trends and Developments | 453 |
Contributed by Quinn Emanuel Urquhart & Sullivan, LLP | 453 |
1. Fraud Claims | 15 |
1.1 General Characteristics of Fraud Claims | 15 |
1.2 Causes of Action After Receipt of a Bribe | 16 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 17 |
1.4 Limitation Periods | 18 |
1.5 Proprietary Claims Against Property | 19 |
1.6 Rules of Pre-Action Conduct | 20 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 20 |
2. Procedures and Trials | 21 |
2.1 Disclosure of Defendants’ Assets | 21 |
2.2 Preserving Evidence | 22 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 23 |
2.4 Procedural Orders | 23 |
2.5 Criminal Redress | 23 |
2.6 Judgment Without Trial | 24 |
2.7 Rules for Pleading Fraud | 24 |
2.8 Claims Against “Unknown” Fraudsters | 25 |
2.9 Compelling Witnesses to Give Evidence | 26 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 26 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 26 |
3.2 Claims Against Ultimate Beneficial Owners | 27 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 27 |
4. Overseas Parties in Fraud Claims | 28 |
4.1 Joining Overseas Parties to Fraud Claims | 28 |
4.2 Service of Proceedings out of the Jurisdiction | 30 |
5. Enforcement | 31 |
5.1 Methods of Enforcement | 31 |
5.2 Enforcement of Foreign Judgments | 32 |
6. Privileges | 32 |
6.1 Invoking the Privilege Against Self-Incrimination | 32 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 32 |
7. Special Rules and Laws | 33 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 33 |
7.2 Laws to Protect “Banking Secrecy” | 34 |
7.3 Crypto-Assets | 35 |
1. Fraud Claims | 41 |
1.1 General Characteristics of Fraud Claims | 41 |
1.2 Causes of Action After Receipt of a Bribe | 43 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 43 |
1.4 Limitation Periods | 44 |
1.5 Proprietary Claims Against Property | 44 |
1.6 Rules of Pre-Action Conduct | 45 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 45 |
2. Procedures and Trials | 46 |
2.1 Disclosure of Defendants’ Assets | 46 |
2.2 Preserving Evidence | 47 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 48 |
2.4 Procedural Orders | 48 |
2.5 Criminal Redress | 48 |
2.6 Judgment Without Trial | 49 |
2.7 Rules for Pleading Fraud | 50 |
2.8 Claims Against “Unknown” Fraudsters | 50 |
2.9 Compelling Witnesses to Give Evidence | 50 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 51 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 51 |
3.2 Claims Against Ultimate Beneficial Owners | 51 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 52 |
4. Overseas Parties in Fraud Claims | 52 |
4.1 Joining Overseas Parties to Fraud Claims | 52 |
4.2 Service of Proceedings out of the Jurisdiction | 53 |
5. Enforcement | 53 |
5.1 Methods of Enforcement | 53 |
5.2 Enforcement of Foreign Judgments | 54 |
6. Privileges | 55 |
6.1 Invoking the Privilege Against Self-Incrimination | 55 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 55 |
7. Special Rules and Laws | 55 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 55 |
7.2 Laws to Protect “Banking Secrecy” | 56 |
7.3 Crypto-Assets | 56 |
1. Fraud Claims | 69 |
1.1 General Characteristics of Fraud Claims | 69 |
1.2 Causes of Action After Receipt of a Bribe | 70 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 70 |
1.4 Limitation Periods | 72 |
1.5 Proprietary Claims Against Property | 72 |
1.6 Rules of Pre-Action Conduct | 72 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 73 |
2. Procedures and Trials | 74 |
2.1 Disclosure of Defendants’ Assets | 74 |
2.2 Preserving Evidence | 74 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 74 |
2.4 Procedural Orders | 75 |
2.5 Criminal Redress | 75 |
2.6 Judgment Without Trial | 75 |
2.7 Rules for Pleading Fraud | 75 |
2.8 Claims Against “Unknown” Fraudsters | 75 |
2.9 Compelling Witnesses to Give Evidence | 76 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 76 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 76 |
3.2 Claims Against Ultimate Beneficial Owners | 77 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 77 |
4. Overseas Parties in Fraud Claims | 78 |
4.1 Joining Overseas Parties to Fraud Claims | 78 |
4.2 Service of Proceedings out of the Jurisdiction | 78 |
5. Enforcement | 79 |
5.1 Methods of Enforcement | 79 |
5.2 Enforcement of Foreign Judgments | 79 |
6. Privileges | 80 |
6.1 Invoking the Privilege Against Self-Incrimination | 80 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 80 |
7. Special Rules and Laws | 81 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 81 |
7.2 Laws to Protect “Banking Secrecy” | 81 |
7.3 Crypto-Assets | 81 |
1. Fraud Claims | 93 |
1.1 General Characteristics of Fraud Claims | 93 |
1.2 Causes of Action After Receipt of a Bribe | 94 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 94 |
1.4 Limitation Periods | 95 |
1.5 Proprietary Claims Against Property | 95 |
1.6 Rules of Pre-Action Conduct | 96 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 96 |
2. Procedures and Trials | 97 |
2.1 Disclosure of Defendants’ Assets | 97 |
2.2 Preserving Evidence | 97 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 98 |
2.4 Procedural Orders | 98 |
2.5 Criminal Redress | 98 |
2.6 Judgment Without Trial | 98 |
2.7 Rules for Pleading Fraud | 98 |
2.8 Claims Against “Unknown” Fraudsters | 99 |
2.9 Compelling Witnesses to Give Evidence | 99 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 99 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 99 |
3.2 Claims Against Ultimate Beneficial Owners | 100 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 100 |
4. Overseas Parties in Fraud Claims | 101 |
4.1 Joining Overseas Parties to Fraud Claims | 101 |
4.2 Service of Proceedings out of the Jurisdiction | 101 |
5. Enforcement | 102 |
5.1 Methods of Enforcement | 102 |
5.2 Enforcement of Foreign Judgments | 102 |
6. Privileges | 103 |
6.1 Invoking the Privilege Against Self-Incrimination | 103 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 103 |
7. Special Rules and Laws | 103 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 103 |
7.2 Laws to Protect “Banking Secrecy” | 104 |
7.3 Crypto-Assets | 104 |
1. Fraud Claims | 126 |
1.1 General Characteristics of Fraud Claims | 126 |
1.2 Causes of Action After Receipt of a Bribe | 126 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 127 |
1.4 Limitation Periods | 127 |
1.5 Proprietary Claims Against Property | 128 |
1.6 Rules of Pre-Action Conduct | 129 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 129 |
2. Procedures and Trials | 130 |
2.1 Disclosure of Defendants’ Assets | 130 |
2.2 Preserving Evidence | 131 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 132 |
2.4 Procedural Orders | 132 |
2.5 Criminal Redress | 133 |
2.6 Judgment Without Trial | 133 |
2.7 Rules for Pleading Fraud | 134 |
2.8 Claims Against “Unknown” Fraudsters | 134 |
2.9 Compelling Witnesses to Give Evidence | 135 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 135 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 135 |
3.2 Claims Against Ultimate Beneficial Owners | 136 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 136 |
4. Overseas Parties in Fraud Claims | 137 |
4.1 Joining Overseas Parties to Fraud Claims | 137 |
4.2 Service of Proceedings out of the Jurisdiction | 137 |
5. Enforcement | 138 |
5.1 Methods of Enforcement | 138 |
5.2 Enforcement of Foreign Judgments | 139 |
6. Privileges | 139 |
6.1 Invoking the Privilege Against Self-Incrimination | 139 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 140 |
7. Special Rules and Laws | 140 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 140 |
7.2 Laws to Protect “Banking Secrecy” | 140 |
7.3 Crypto-Assets | 141 |
1. Fraud Claims | 153 |
1.1 General Characteristics of Fraud Claims | 153 |
1.2 Causes of Action After Receipt of a Bribe | 154 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 155 |
1.4 Limitation Periods | 155 |
1.5 Proprietary Claims Against Property | 156 |
1.6 Rules of Pre-Action Conduct | 156 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 156 |
2. Procedures and Trials | 157 |
2.1 Disclosure of Defendants’ Assets | 157 |
2.2 Preserving Evidence | 157 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 158 |
2.4 Procedural Orders | 158 |
2.5 Criminal Redress | 158 |
2.6 Judgment Without Trial | 159 |
2.7 Rules for Pleading Fraud | 159 |
2.8 Claims Against “Unknown” Fraudsters | 160 |
2.9 Compelling Witnesses to Give Evidence | 160 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 160 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 160 |
3.2 Claims Against Ultimate Beneficial Owners | 161 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 161 |
4. Overseas Parties in Fraud Claims | 161 |
4.1 Joining Overseas Parties to Fraud Claims | 161 |
4.2 Service of Proceedings out of the Jurisdiction | 162 |
5. Enforcement | 162 |
5.1 Methods of Enforcement | 162 |
5.2 Enforcement of Foreign Judgments | 162 |
6. Privileges | 163 |
6.1 Invoking the Privilege Against Self-Incrimination | 163 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 163 |
7. Special Rules and Laws | 164 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 164 |
7.2 Laws to Protect “Banking Secrecy” | 164 |
7.3 Crypto-Assets | 164 |
1. Fraud Claims | 175 |
1.1 General Characteristics of Fraud Claims | 175 |
1.2 Causes of Action After Receipt of a Bribe | 176 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 177 |
1.4 Limitation Periods | 179 |
1.5 Proprietary Claims Against Property | 179 |
1.6 Rules of Pre-Action Conduct | 181 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 181 |
2. Procedures and Trials | 182 |
2.1 Disclosure of Defendants’ Assets | 182 |
2.2 Preserving Evidence | 183 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 183 |
2.4 Procedural Orders | 184 |
2.5 Criminal Redress | 185 |
2.6 Judgment Without Trial | 185 |
2.7 Rules for Pleading Fraud | 186 |
2.8 Claims Against “Unknown” Fraudsters | 186 |
2.9 Compelling Witnesses to Give Evidence | 186 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 186 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 186 |
3.2 Claims Against Ultimate Beneficial Owners | 187 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 187 |
4. Overseas Parties in Fraud Claims | 189 |
4.1 Joining Overseas Parties to Fraud Claims | 189 |
4.2 Service of Proceedings out of the Jurisdiction | 189 |
5. Enforcement | 190 |
5.1 Methods of Enforcement | 190 |
5.2 Enforcement of Foreign Judgments | 191 |
6. Privileges | 192 |
6.1 Invoking the Privilege Against Self-Incrimination | 192 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 192 |
7. Special Rules and Laws | 192 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 192 |
7.2 Laws to Protect “Banking Secrecy” | 193 |
7.3 Crypto-Assets | 194 |
1. Fraud Claims | 200 |
1.1 General Characteristics of Fraud Claims | 200 |
1.2 Causes of Action After Receipt of a Bribe | 201 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 202 |
1.4 Limitation Periods | 203 |
1.5 Proprietary Claims Against Property | 203 |
1.6 Rules of Pre-Action Conduct | 205 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 206 |
2. Procedures and Trials | 207 |
2.1 Disclosure of Defendants’ Assets | 207 |
2.2 Preserving Evidence | 208 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 210 |
2.4 Procedural Orders | 210 |
2.5 Criminal Redress | 210 |
2.6 Judgment Without Trial | 211 |
2.7 Rules for Pleading Fraud | 212 |
2.8 Claims Against “Unknown” Fraudsters | 212 |
2.9 Compelling Witnesses to Give Evidence | 212 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 213 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 213 |
3.2 Claims Against Ultimate Beneficial Owners | 213 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 213 |
4. Overseas Parties in Fraud Claims | 214 |
4.1 Joining Overseas Parties to Fraud Claims | 214 |
4.2 Service of Proceedings out of the Jurisdiction | 216 |
5. Enforcement | 216 |
5.1 Methods of Enforcement | 216 |
5.2 Enforcement of Foreign Judgments | 217 |
6. Privileges | 218 |
6.1 Invoking the Privilege Against Self-Incrimination | 218 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 219 |
7. Special Rules and Laws | 220 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 220 |
7.2 Laws to Protect “Banking Secrecy” | 221 |
7.3 Crypto-Assets | 222 |
1. Fraud Claims | 246 |
1.1 General Characteristics of Fraud Claims | 246 |
1.2 Causes of Action After Receipt of a Bribe | 248 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 249 |
1.4 Limitation Periods | 249 |
1.5 Proprietary Claims Against Property | 249 |
1.6 Rules of Pre-Action Conduct | 251 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 251 |
2. Procedures and Trials | 253 |
2.1 Disclosure of Defendants’ Assets | 253 |
2.2 Preserving Evidence | 254 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 255 |
2.4 Procedural Orders | 255 |
2.5 Criminal Redress | 255 |
2.6 Judgment Without Trial | 256 |
2.7 Rules for Pleading Fraud | 257 |
2.8 Claims Against “Unknown” Fraudsters | 257 |
2.9 Compelling Witnesses to Give Evidence | 257 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 258 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 258 |
3.2 Claims Against Ultimate Beneficial Owners | 259 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 260 |
4. Overseas Parties in Fraud Claims | 261 |
4.1 Joining Overseas Parties to Fraud Claims | 261 |
4.2 Service of Proceedings out of the Jurisdiction | 261 |
5. Enforcement | 261 |
5.1 Methods of Enforcement | 261 |
5.2 Enforcement of Foreign Judgments | 262 |
6. Privileges | 262 |
6.1 Invoking the Privilege Against Self-Incrimination | 262 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 262 |
7. Special Rules and Laws | 263 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 263 |
7.2 Laws to Protect “Banking Secrecy” | 263 |
7.3 Crypto-Assets | 263 |
1. Fraud Claims | 268 |
1.1 General Characteristics of Fraud Claims | 268 |
1.2 Causes of Action After Receipt of a Bribe | 269 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 270 |
1.4 Limitation Periods | 270 |
1.5 Proprietary Claims Against Property | 270 |
1.6 Rules of Pre-Action Conduct | 271 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 271 |
2. Procedures and Trials | 272 |
2.1 Disclosure of Defendants’ Assets | 272 |
2.2 Preserving Evidence | 272 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 272 |
2.4 Procedural Orders | 273 |
2.5 Criminal Redress | 273 |
2.6 Judgment Without Trial | 273 |
2.7 Rules for Pleading Fraud | 273 |
2.8 Claims Against “Unknown” Fraudsters | 274 |
2.9 Compelling Witnesses to Give Evidence | 274 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 274 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 274 |
3.2 Claims Against Ultimate Beneficial Owners | 274 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 275 |
4. Overseas Parties in Fraud Claims | 275 |
4.1 Joining Overseas Parties to Fraud Claims | 275 |
4.2 Service of Proceedings out of the Jurisdiction | 275 |
5. Enforcement | 276 |
5.1 Methods of Enforcement | 276 |
5.2 Enforcement of Foreign Judgments | 276 |
6. Privileges | 277 |
6.1 Invoking the Privilege Against Self-Incrimination | 277 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 277 |
7. Special Rules and Laws | 277 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 277 |
7.2 Laws to Protect “Banking Secrecy” | 278 |
7.3 Crypto-Assets | 278 |
1. Fraud Claims | 282 |
1.1 General Characteristics of Fraud Claims | 282 |
1.2 Causes of Action After Receipt of a Bribe | 282 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 283 |
1.4 Limitation Periods | 283 |
1.5 Proprietary Claims Against Property | 284 |
1.6 Rules of Pre-Action Conduct | 284 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 285 |
2. Procedures and Trials | 285 |
2.1 Disclosure of Defendants’ Assets | 285 |
2.2 Preserving Evidence | 286 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 286 |
2.4 Procedural Orders | 287 |
2.5 Criminal Redress | 288 |
2.6 Judgment Without Trial | 288 |
2.7 Rules for Pleading Fraud | 288 |
2.8 Claims Against “Unknown” Fraudsters | 289 |
2.9 Compelling Witnesses to Give Evidence | 290 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 290 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 290 |
3.2 Claims Against Ultimate Beneficial Owners | 290 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 291 |
4. Overseas Parties in Fraud Claims | 291 |
4.1 Joining Overseas Parties to Fraud Claims | 291 |
4.2 Service of Proceedings out of the Jurisdiction | 292 |
5. Enforcement | 292 |
5.1 Methods of Enforcement | 292 |
5.2 Enforcement of Foreign Judgments | 293 |
6. Privileges | 293 |
6.1 Invoking the Privilege Against Self-Incrimination | 293 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 293 |
7. Special Rules and Laws | 294 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 294 |
7.2 Laws to Protect “Banking Secrecy” | 294 |
7.3 Crypto-Assets | 294 |
1. Fraud Claims | 301 |
1.1 General Characteristics of Fraud Claims | 301 |
1.2 Causes of Action After Receipt of a Bribe | 301 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 301 |
1.4 Limitation Periods | 302 |
1.5 Proprietary Claims Against Property | 302 |
1.6 Rules of Pre-Action Conduct | 302 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 302 |
2. Procedures and Trials | 303 |
2.1 Disclosure of Defendants’ Assets | 303 |
2.2 Preserving Evidence | 304 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 304 |
2.4 Procedural Orders | 305 |
2.5 Criminal Redress | 305 |
2.6 Judgment Without Trial | 305 |
2.7 Rules for Pleading Fraud | 305 |
2.8 Claims Against “Unknown” Fraudsters | 306 |
2.9 Compelling Witnesses to Give Evidence | 306 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 306 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 306 |
3.2 Claims Against Ultimate Beneficial Owners | 307 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 307 |
4. Overseas Parties in Fraud Claims | 308 |
4.1 Joining Overseas Parties to Fraud Claims | 308 |
4.2 Service of Proceedings out of the Jurisdiction | 308 |
5. Enforcement | 308 |
5.1 Methods of Enforcement | 308 |
5.2 Enforcement of Foreign Judgments | 309 |
6. Privileges | 312 |
6.1 Invoking the Privilege Against Self-Incrimination | 312 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 312 |
7. Special Rules and Laws | 313 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 313 |
7.2 Laws to Protect “Banking Secrecy” | 313 |
7.3 Crypto-Assets | 313 |
1. Fraud Claims | 323 |
1.1 General Characteristics of Fraud Claims | 323 |
1.2 Causes of Action After Receipt of a Bribe | 324 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 324 |
1.4 Limitation Periods | 325 |
1.5 Proprietary Claims Against Property | 326 |
1.6 Rules of Pre-Action Conduct | 326 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 327 |
2. Procedures and Trials | 328 |
2.1 Disclosure of Defendants’ Assets | 328 |
2.2 Preserving Evidence | 328 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 329 |
2.4 Procedural Orders | 329 |
2.5 Criminal Redress | 329 |
2.6 Judgment Without Trial | 330 |
2.7 Rules for Pleading Fraud | 330 |
2.8 Claims Against “Unknown” Fraudsters | 330 |
2.9 Compelling Witnesses to Give Evidence | 330 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 331 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 331 |
3.2 Claims Against Ultimate Beneficial Owners | 331 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 332 |
4. Overseas Parties in Fraud Claims | 332 |
4.1 Joining Overseas Parties to Fraud Claims | 332 |
4.2 Service of Proceedings out of the Jurisdiction | 333 |
5. Enforcement | 333 |
5.1 Methods of Enforcement | 333 |
5.2 Enforcement of Foreign Judgments | 333 |
6. Privileges | 333 |
6.1 Invoking the Privilege Against Self-Incrimination | 333 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 333 |
7. Special Rules and Laws | 334 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 334 |
7.2 Laws to Protect “Banking Secrecy” | 335 |
7.3 Crypto-Assets | 335 |
1. Fraud Claims | 341 |
1.1 General Characteristics of Fraud Claims | 341 |
1.2 Causes of Action After Receipt of a Bribe | 341 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 341 |
1.4 Limitation Periods | 342 |
1.5 Proprietary Claims Against Property | 342 |
1.6 Rules of Pre-Action Conduct | 343 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 343 |
2. Procedures and Trials | 344 |
2.1 Disclosure of Defendants’ Assets | 344 |
2.2 Preserving Evidence | 345 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 346 |
2.4 Procedural Orders | 347 |
2.5 Criminal Redress | 347 |
2.6 Judgment Without Trial | 348 |
2.7 Rules for Pleading Fraud | 349 |
2.8 Claims Against “Unknown” Fraudsters | 349 |
2.9 Compelling Witnesses to Give Evidence | 349 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 350 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 350 |
3.2 Claims Against Ultimate Beneficial Owners | 350 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 350 |
4. Overseas Parties in Fraud Claims | 351 |
4.1 Joining Overseas Parties to Fraud Claims | 351 |
4.2 Service of Proceedings out of the Jurisdiction | 352 |
5. Enforcement | 352 |
5.1 Methods of Enforcement | 352 |
5.2 Enforcement of Foreign Judgments | 353 |
6. Privileges | 353 |
6.1 Invoking the Privilege Against Self-Incrimination | 353 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 354 |
7. Special Rules and Laws | 354 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 354 |
7.2 Laws to Protect “Banking Secrecy” | 354 |
7.3 Crypto-Assets | 355 |
1. Fraud Claims | 369 |
1.1 General Characteristics of Fraud Claims | 369 |
1.2 Causes of Action After Receipt of a Bribe | 370 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 371 |
1.4 Limitation Periods | 373 |
1.5 Proprietary Claims Against Property | 373 |
1.6 Rules of Pre-Action Conduct | 374 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 374 |
2. Procedures and Trials | 376 |
2.1 Disclosure of Defendants’ Assets | 376 |
2.2 Preserving Evidence | 376 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 377 |
2.4 Procedural Orders | 378 |
2.5 Criminal Redress | 378 |
2.6 Judgment Without Trial | 378 |
2.7 Rules for Pleading Fraud | 379 |
2.8 Claims Against “Unknown” Fraudsters | 379 |
2.9 Compelling Witnesses to Give Evidence | 379 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 379 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 379 |
3.2 Claims Against Ultimate Beneficial Owners | 380 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 380 |
4. Overseas Parties in Fraud Claims | 380 |
4.1 Joining Overseas Parties to Fraud Claims | 380 |
4.2 Service of Proceedings out of the Jurisdiction | 381 |
5. Enforcement | 382 |
5.1 Methods of Enforcement | 382 |
5.2 Enforcement of Foreign Judgments | 383 |
6. Privileges | 383 |
6.1 Invoking the Privilege Against Self-Incrimination | 383 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 384 |
7. Special Rules and Laws | 384 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 384 |
7.2 Laws to Protect “Banking Secrecy” | 384 |
7.3 Crypto-Assets | 384 |
1. Fraud Claims | 397 |
1.1 General Characteristics of Fraud Claims | 397 |
1.2 Causes of Action After Receipt of a Bribe | 400 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 401 |
1.4 Limitation Periods | 401 |
1.5 Proprietary Claims Against Property | 401 |
1.6 Rules of Pre-Action Conduct | 402 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 402 |
2. Procedures and Trials | 403 |
2.1 Disclosure of Defendants’ Assets | 403 |
2.2 Preserving Evidence | 404 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 405 |
2.4 Procedural Orders | 406 |
2.5 Criminal Redress | 406 |
2.6 Judgment Without Trial | 406 |
2.7 Rules for Pleading Fraud | 407 |
2.8 Claims Against “Unknown” Fraudsters | 407 |
2.9 Compelling Witnesses to Give Evidence | 407 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 408 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 408 |
3.2 Claims Against Ultimate Beneficial Owners | 408 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 409 |
4. Overseas Parties in Fraud Claims | 410 |
4.1 Joining Overseas Parties to Fraud Claims | 410 |
4.2 Service of Proceedings out of the Jurisdiction | 411 |
5. Enforcement | 411 |
5.1 Methods of Enforcement | 411 |
5.2 Enforcement of Foreign Judgments | 413 |
6. Privileges | 414 |
6.1 Invoking the Privilege Against Self-Incrimination | 414 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 415 |
7. Special Rules and Laws | 415 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 415 |
7.2 Laws to Protect “Banking Secrecy” | 415 |
7.3 Crypto-Assets | 416 |
1. Fraud Claims | 429 |
1.1 General Characteristics of Fraud Claims | 429 |
1.2 Causes of Action After Receipt of a Bribe | 431 |
1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts | 431 |
1.4 Limitation Periods | 432 |
1.5 Proprietary Claims Against Property | 432 |
1.6 Rules of Pre-Action Conduct | 433 |
1.7 Prevention of Defendants Dissipating or Secreting Assets | 433 |
2. Procedures and Trials | 434 |
2.1 Disclosure of Defendants’ Assets | 434 |
2.2 Preserving Evidence | 435 |
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties | 435 |
2.4 Procedural Orders | 436 |
2.5 Criminal Redress | 437 |
2.6 Judgment Without Trial | 437 |
2.7 Rules for Pleading Fraud | 437 |
2.8 Claims Against “Unknown” Fraudsters | 437 |
2.9 Compelling Witnesses to Give Evidence | 438 |
3. Corporate Entities, Ultimate Beneficial Owners and Shareholders | 438 |
3.1 Imposing Liability for Fraud on to a Corporate Entity | 438 |
3.2 Claims Against Ultimate Beneficial Owners | 438 |
3.3 Shareholders’ Claims Against Fraudulent Directors | 439 |
4. Overseas Parties in Fraud Claims | 439 |
4.1 Joining Overseas Parties to Fraud Claims | 439 |
4.2 Service of Proceedings out of the Jurisdiction | 440 |
5. Enforcement | 440 |
5.1 Methods of Enforcement | 440 |
5.2 Enforcement of Foreign Judgments | 441 |
6. Privileges | 441 |
6.1 Invoking the Privilege Against Self-Incrimination | 441 |
6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure | 443 |
7. Special Rules and Laws | 444 |
7.1 Rules for Claiming Punitive or Exemplary Damages | 444 |
7.2 Laws to Protect “Banking Secrecy” | 444 |
7.3 Crypto-Assets | 444 |
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