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Cases · Risk, disputes & investigations · Contracts, commercial disputes & collections

Hold a guarantor or parent company liable

The subsidiary defaulted. Can we claim against the parent or guarantor abroad?

WONE Global reviews the guarantee and enforces it where the guarantor's assets are.

Countries in the typical case United Kingdom · Hong Kong

The situation

What is happening

A subsidiary defaulted and the guarantee or parent company is in another country.

What is at stake

A guarantee given abroad can fail on form, registration or local law.

Who faces this

  • Corporations
  • Mid-sized companies

A scenario

LenderCorporation · from United Kingdom · in Hong Kong

It is calling on a parent guarantee from a Hong Kong company.

Where it ends The guarantee honoured.

A representative scenario of the work WONE Global coordinates, not a specific client’s matter.

Also asked as “Enforcing a parent company guarantee”“Guarantor in another country”

The solution

How WONE Global handles it

WONE Global reviews the guarantee and enforces it where the guarantor's assets are.

Usually led by Disputes & Resolution, with Banking & Capital Access and Legal & Contracting.

Step by step, in the scenario

  1. Week 1Guarantee reviewed.
  2. Week 2Demand.
  3. Weeks 3-8Proceedings.
  4. ThenEnforcement.

Timings are typical. They depend on the countries, the authorities involved and how quickly documents are available.

Decisions

The decisions involved

  1. 01Enforceability of the guarantee
  2. 02Where to sue
  3. 03Assets of the guarantor

Outcomes

What you receive

  • A claim strategy
  • Proceedings
  • Recovery

This is a general guide. Your WONE Global professional confirms the work, timing and fees for your markets before anything starts.

Services

The services involved

One area of expertise usually leads; the others move with it. WONE Global keeps them connected across every country involved.

  1. Usually leadsDisputes & Resolution9 markets with a named lead→
  2. Often involvedBanking & Capital Access2 markets with a named lead→
  3. Often involvedLegal & Contracting18 markets with a named lead→

Who handles it

Disputes & Resolution, market by market

The status of the lead service in the markets that matter for this case. A named WONE Global Partner acts under their own licence; where none is in place yet, WONE Global confirms availability before anything else.

  1. Hong Kongin the typical case On request Availability confirmed before any work begins Bring a requirement →
  2. United Kingdomin the typical case On request Availability confirmed before any work begins Bring a requirement →
  3. Argentina WONE Global Partner Dr. Silvia Patricia Maccari · Lawyer Brief this Partner →
  4. Australia WONE Global Partner Dimitrios Katsaros · Principal Solicitor Brief this Partner →
  5. Italy WONE Global Partner Alessandro Dagnino · Managing Partner Brief this Partner →
  6. Poland WONE Global Partner Andrzej Zacharzewski · Partner Brief this Partner →
  7. Portugal WONE Global Partner Bruna Prinzo · Managing Partner Brief this Partner →
  8. Saudi Arabia WONE Global Partner Abdulrahim bin Saleh Al-Zahrani · Founding Partner & General Manager Brief this Partner →
  9. United States WONE Global Partner Frederick Miles Adler · Principal Brief this Partner →
  10. Zambia WONE Global Partner Reagan Blankfein Gates · Managing Partner Brief this Partner →
  11. Zimbabwe WONE Global Partner Thompson Mucheki · Managing Director Brief this Partner →
  12. India On request Availability confirmed before any work begins Bring a requirement →
  13. Singapore On request Availability confirmed before any work begins Bring a requirement →
  14. United Arab Emirates On request Availability confirmed before any work begins Bring a requirement →

Other markets: WONE Global covers 100 countries. Name yours in the requirement →

WONE Global Intelligence

Ask about doing business across borders

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Contact WONE Global

Discuss this case with WONE Global.

UNIONE™ · Before You Arbitrate™

If this becomes a dispute, test it first.

Test the claim or the defence, the evidence, the exposure and the settlement options before committing to formal proceedings.

For this moment

UNIONE™ is the UNBOUNDED™ Global Ecosystem's institution for cross-border dispute prevention, resolution, arbitration and enforcement. Like WONE Global, it is part of the ecosystem, and the two work as one. Links open theunione.org. Visit UNIONE™