Getting the award isn’t the hard part. Enforcing it is.
International arbitration has become the go-to for resolving cross-border business disputes, especially in fast-moving industries like tech. It’s faster, more flexible, and less public than court. However, once the award is handed down, no referee runs to blow the whistle when the losing side quietly moves assets to the other side of the globe.
Cross-Border Enforcement Is a Whole Different Sport
Most arbitration clauses are signed with optimism. Nobody thinks they’ll need enforcement muscle. But when one party ghosts on the award, enforcement gets complicated fast. Each country has its own rules, and some are more welcoming to judgment creditors than others. That matters when assets are spread across different jurisdictions, wrapped in shell companies, or deliberately obfuscated.
Sophisticated parties know how to bury assets, especially those in high-tech or IP-heavy sectors. Enforcement means finding them, proving ownership, and convincing a local court to take action. None of that happens by accident.
What Private Investigation Brings to the Table
Ten years in private investigation changes how you see problems. You stop assuming that people follow the rules. You learn how assets move, how corporate veils are used, and what it takes to crack them open. That insight transfers directly to enforcement strategy.
- Offshore banking: You don’t chase a Cayman Islands trust with blind optimism. You understand where the records are, who controls them, and which jurisdictions will cooperate.
- Shell companies: PI experience means you don’t stop at the first LLC. You pull the thread until the structure unravels—finding real people behind opaque entities.
- Behavioral patterns: Spreadsheets can tell a lot of the story, but watching how someone behaves under pressure can tell you more. Where they move their money, how they change their communication patterns, and what that signals.
Evidence That Stands Up in Court
Getting asset intel is one thing. Getting it in a way that a court will accept is another. Attorneys with investigative training understand chain of custody, documentation standards, and admissibility. That means they’re not just gathering information but building a usable record.
This comes into play when applying for freezing orders or conservatory measures. Judges want to see credible evidence of risk. If the collection process looks shady or violates local privacy laws, the motion dies in its tracks.
Private investigators build connections with law enforcement, compliance officers, regulators, and regional fixers. When you’re chasing assets across borders, that global network becomes your shortcut. You can’t rely solely on formal discovery when your opponent is two steps ahead, and the jurisdiction is two decades behind.
Why It Matters for Legal Strategy
Combining legal know-how with investigative instincts allows attorneys to avoid common dodge tactics. Fraudulent transfers, phony bankruptcies, asset parking—it’s all part of the playbook. An attorney with a PI mindset already knows what to expect.
That means filing for a Mareva injunction before the yacht sails out of reach. Or securing third-party disclosure orders in jurisdictions where traditional discovery won’t work. It also means being faster, which matters when digital assets can disappear in seconds.
Best Practices That Actually Work
- Do the homework early: Investigative due diligence before arbitration even starts gives you leverage. If the other party’s structure looks shady, you’ll negotiate differently.
- Move quickly when red flags pop: Don’t wait for a final award if you smell asset flight. Seek protective orders early, while the trail is still warm.
- Build the right team: Forensics, local counsel, data analysts—this isn’t solo work. The right team makes the difference between paper victory and real recovery.
- Respect local rules: Just because you can get the data doesn’t mean you should. Enforcement relies on evidence that holds up. That requires legal and ethical compliance across multiple jurisdictions.
- Expect digital trickery: Crypto wallets, NFTs, and IP portfolios need a tight leash. Digital assets are slippery; you’ll miss them entirely if you’re not tech-literate.
Make Arbitration Count
Winning at arbitration doesn’t mean much if you can’t collect. Private investigation experience turns enforcement into a strategic extension of litigation, not a desperate afterthought. It’s what lets you convert an award into actual money, even when the other side thinks they’ve vanished it.
At Sapiens Law, we bring that mindset and the receipts. If you’re enforcing an arbitration award across borders and you want more than just paperwork to show for it, reach out today.
