Cross-Border Strategies for Latin American Companies

This document is a guide that discusses cross-border strategies for Latin American companies facing legal risks associated with Chinese investments. It outlines the increasing economic ties between Brazilian and Chinese businesses and the potential for disputes as Chinese investments expand into various sectors. The document details the challenges Latin American companies may encounter when enforcing judgments against Chinese entities, particularly due to structural and procedural hurdles in China. It presents several strategies that can enhance the likelihood of successful enforcement, including obtaining recognition of insolvency proceedings in China via Hong Kong, utilizing Hong Kong arbitration for dispute resolution, leveraging offshore judicial tools in jurisdictions such as the British Virgin Islands and Cayman Islands, and focusing on decision-makers within companies. The guide emphasizes the importance of a coordinated cross-border strategy to navigate the complexities of China's legal system effectively.