Leading Associates

Dispute resolution in Bermuda

Appleby

Appleby houses a go-to ‘dispute resolution team for any complex, high-value litigation in Bermuda’. Commercial disputes involving minority shareholders, fair value appraisal proceedings, director liabilities, and corporate governance form a significant part of the firm’s offering. Insolvency and restructuring litigation is another key area of expertise for the group, encompassing representation in corporate liquidations and multi-jurisdictional restructuring matters. The team is also adept at handling regulatory and trust-related disputes. Practice head John Wasty is an ‘an outstanding partner’ who handles ‘the highest value, most complex litigation on the island’, especially contentious insolvency matters. The ‘exceptionally talented’ Khiyara Krige has significant experience in (re)insurance disputes, while head of the trusts department Sam Riihiluoma frequently represents liquidators in winding-up proceedings. James Batten is skilled in cases surrounding civil fraud. Hannah Tildesley left the firm at the end of 2023.

Praxisleiter:

John Wasty


Weitere Kernanwälte:

Sam Riihiluoma; Khiyara Krige; James Batten


Referenzen

‘I would thoroughly recommend the Appleby dispute resolution team for any complex, high-value litigation in Bermuda. Very well resourced and with many of the best lawyers on the island. Really easy to work with and equally at home managing an international team or slotting into an international team managed elsewhere.’

‘John Wasty – an outstanding partner; in demand for the highest value, most complex litigation on the island. He has the complete respect of his peers and the judiciary, and rightly so.’

‘Khiyara Krige – an exceptionally talented lawyer; diligent, across the detail and creative.’

Kernmandanten

The Estate of Hung Wen-Hsiung


Jardine Matheson Holdings Limited


Over 400 former shareholders in the Bermuda company Nkwe Platinum Limited


Petróleos de Venezuela, S.A.


Bermuda Monetary Authority


Triton International Limited


Sumitomo Pharma UK Holdings, Ltd.


Primary Group Limited


Highlight-Mandate


  • Representing the Estate of Hung Wen-Hsiung in proceedings that are now at the appeal stage and concern whether certain trusts are invalid and whether they are true trusts under Bermuda law.
  • Represented the shareholders of Jardine Strategic following an acquisition by way of an amalgamation pursuant to section 104 – 109 of the Bermuda Companies Act between Jardine Strategic and JMH Bermuda Limited, and the shareholders who dissented from the amalgamation commenced eighteen appraisal actions in the Bermuda Supreme Court in respect of the price offered to them for their shares as a result of the amalgamation.
  • Representing shareholders following a majority shareholder takeover of the Bermuda Company New Platinum Limited, as they did not vote for the amalgamation because they did not accept that the company valuations of their shares was fair.

Carey Olsen Bermuda Limited

Praised as ‘one of the best trust litigation teams’, Carey Olsen Bermuda Limited frequently acts for multinational corporations, ultra-high-net-worth individuals, banks and funds, insurers, and trade unions in cross-jurisdictional disputes involving multiple parties. Commercial and civil matters, employment-related disputes, and litigation surrounding trusts are all areas of expertise for the group. Regulatory disputes are also a growing area for the practice. Managing partner Michael Hanson jointly heads up the practice alongside ‘powerhouse‘ Keith Robinson. Other notable team members include Kyle Masters, who boasts expertise in insolvency, regulatory, and compliance law, Sam Stevens, who is skilled in commercial litigation and arbitration, and Jay Webster who has a thriving immigration and employment practice.Claire van Overdijk KC is also a notable senior counsel.

Praxisleiter:

Michael Hanson; Keith Robinson


Weitere Kernanwälte:

Matthew Watson; Kyle Masters; Sam Stevens; Jay Webster; Claire van Overdijk KC; Honor Desmond-Tetlow; Oliver MacKay


Referenzen

‘Carey Olsen’s unwavering availability and forward-thinking strategies to mitigate risks are truly exceptional. They consistently demonstrate a responsive and proactive approach, ensuring our issues and discussions are handled with the utmost diligence and foresight.’

‘Their commitment to being accessible at all times and their proactive stance not only address our immediate concerns but also anticipate potential challenges, making them an invaluable asset to our operations.’

‘Kyle Masters’ guidance as our lawyer has been invaluable. His deep understanding of our needs, coupled with his ability to direct us to the right specialists within the firm when we face specialized issues, has been crucial to our success. Kyle’s expertise and proactive approach ensure we always have the best resources and advice at our disposal, making our partnership with the firm seamless and highly effective.’

Kernmandanten

White Rock Insurance (SAC) Ltd.


Aon


Mexico Infrastructure Finance LLC


Michael Morrison and Charles Thresh as Joint Liquidators of Par-La-Ville Hotel and Residences Ltd


Fidelity National Title Insurance Company


Bittrex Global Bermuda Limited


Bermuda Electric Light Company Limited


Trump Panama Hotel Management LLC


Trump International Hotels Management, LLC


My Pharmacy LLC


BCT Limited


Oasis Investments II Master Fund Limited


Attestor Value Master Fund LP


JetBlue Airways Corporation et al


Alcority Services Limited


Highlight-Mandate


  • Acting for Aon and a number of its subsidiaries, including White Rock, in what has been described in the press as ‘likely the largest fraud ever in the Bermuda (re)insurance market’.
  • Acting for Mexico Infrastructure Finance LLC, which was the lender to Par-La-Ville Hotel and Residences Ltd, in respect of a failed scheme to develop a hotel in Bermuda.
  • Advised Bittrex Global Bermuda Limited on all aspects of its relationship with the Bermuda Monetary Authority, including compliance, licensing, and other obligations, as BGBM worked closely with the BMA to develop a detailed wind-down plan with a view to protecting customers during the ceasing of operations of the business in Bermuda.

Conyers

Praised as one of ‘the leading firms in commercial litigation’, Conyers is especially strong in representing clients in multi-jurisdictional cases, as well as trusts disputes and restructuring-related mandates. The team has a broad-ranging client base, including foreign states, financial institutions, insolvency practitioners, and high-net-worth individuals, as well as multinational companies. The department is led by Christian Luthi, who is ably supported by senior associate Britt Smith, who represents trustees, protectors, and beneficiaries in contentious proceedings concerning offshore trusts. Other key members of the team are Jeffrey Elkinson‘a seasoned campaigner and a capable lawyer and advocate’, Ben Adamson, a ‘a total class act’, and Jonathan O’Mahony.

Praxisleiter:

Christian Luthi


Weitere Kernanwälte:

Britt Smith; Rhys Williams; Norman Hau; Jeffrey Elkinson; Jonathan O’Mahony; Ben Adamson


Referenzen

‘Jeffrey Elkinson is enormously respected by his fellow practitioners in Bermuda and with his long experience of the Court system his submissions carry weight with the Bench. With Britt Smith in the team they give out a great feeling of well researched confidence which their clients really appreciated.’

‘Conyers is one of the leading firms in commercial litigation and I have worked with them for years. They have good experienced partners and the ability to handle large cases. When necessary they can bring in senior members of the bar and they are nice to work with.’

‘Jeffrey Elkington is a seasoned campaigner and a capable lawyer and advocate. He has good court presence and prepares cases well. He is respected by the judges and is quick on his feet. He is good at complicated company and trust disputes.’

Kernmandanten

Digicel Group Holdings Limited


China Oceanwide Holdings Limited


Skyfame Realty (Holdings) Limited


Culligan Ltd


United Nations Federal Credit Union


Universal Life Insurance Company


Stonehage Fleming Law Limited


Bermuda Monetary Authority


Afiniti Inc


Walkers

High-value and complex cross-border cases concerning insolvency, insurance, trusts, and commercial disputes form the dispute resolution offering at  Walkers. Managing partner Kevin Taylor solely leads the practice following the departure of previous co-head Peter Dunlop. Taylor regularly appears before the Supreme Court of Bermuda and the Bermuda Court of Appeal, with notable expertise in contentious liquidation proceedings and shareholder disputes, as well as issues relating to corporate governance. Steven White leads the trusts disputes team and regularly undertakes cases with multi-jurisdictional elements, providing ‘advice of exceptional quality’. Hannah Tildesley joined the team from Appleby at the beginning of 2024, boosting the practice’s banking and funds litigation offering.

Praxisleiter:

Kevin Taylor


Weitere Kernanwälte:

Steven White; Hannah Tildesley; Luca Del Panta; Izabella Arnold; John McSweeney


Referenzen

‘Strong connections and cases with Hong Kong and mainland China. Have built up their Dispute Resolution team with additional Partners. Appropriate levels of staff and resourcing compared to other firms.’

‘Kevin Taylor is very responsive and is solution-driven.’

‘Walkers excel in their ability to communicate and provide prompt responses regarding complex and sophisticated matters, summarising facts while advising thoroughly of the risks involved in different paths available. Walkers’ professionalism, legal knowledge and expertise is outstanding as they understand our legal needs, while providing effective advice and representation.’

Kernmandanten

Credit Suisse Life


Grant Thornton Limited


Athene Holding Ltd


CITGO Petroleum Corporation


Clear Blue Speciality Insurance


Una Jun et al


Deloitte Advisory Hong Kong


EY Ltd


Alvarez & Marsal Asia Ltd


GoldenTree Asset Management Lip


Cross Over Creditor Group


BMK Resources Ltd


Chosen Investments Ltd


Damien Murphy and Julian Murphy as joint liquidators of GTLK Europe Designated Activity Company


Highlight-Mandate


  • Represented CSLB in the appeal of a damages judgment in the sum of USD607m to Bidzina Ivanishvili after the Chief Justice ruled in March 2022 that CSLB had turned a blind eye to convicted fraudster Patric Lescaudron’s misuse of Mr Ivanishvili’s money.
  • Acting for Margot McInnis, Andrew Howie, and Carmel King of Grant Toronto as the joint provision liquidators of Bittrex Global Ltd, which petitioned for its own winding up in March 2024 on a just and equitable basis.
  • Acting for Athene Holding Ltd in proceedings in the Supreme Court of Bermuda against former directors and officers of the company based on allegations of breaches of confidence and fiduciary duties.

Kennedys

Kennedys is a go-to firm for ‘the most complex and high-value civil litigation’. Its offering encompasses representation in commercial and corporate litigation, trusts and shareholder disputes, and (re)insurance and contentious restricting mandates. ‘Amazing litigator’ Mark Chudleigh heads up the practice with a ‘tremendous amount of arbitration experience’, as well as expertise in contentious insurance claims. Other key members of the group include insolvency specialist Nick Miles, who is praised as a ‘go-to regulatory counsel in Bermuda’, ‘standout senior associate’ David Thom, who is an insurance specialist, and the ‘highly talented’ Laura Williamson, who is skilled in disputes surrounding trusts and financial services. Special counsel Erik Penz is also notable for his expertise in international dispute resolution.

Praxisleiter:

Mark Chudleigh


Weitere Kernanwälte:

Erik Penz; Laura Williamson; David Thom; Nick Miles; Michele Gavin-Rizzuto; Vinesh Mistry


Referenzen

‘This is a full service Bermuda law firm that handles the most complex and high-value civil litigation, and it also has an equally impressive insurance and reinsurance practice. It also provides fantastic regulatory counsel, all at reasonable rates. They have great attorneys who are passionate about their work, bring good energy and care about their clients.’

‘Mark Chudleigh is the leader of the firm and an amazing litigator. He presented compellingly at a reinsurance conference this year analyzing the differences between US and UK/Bermuda arbitration procedurally. He has a tremendous amount of arbitration experience, both as an advocate and as an arbitrator, and is frequently before the Bermuda courts.’

‘Nick Miles is brilliant and my go-to regulatory counsel in Bermuda. He provides practical advice, always with a smile.’

Kernmandanten

Fullsun International Holdings Group Co. Ltd.


Alpine Global Management LLC and associated Alpine entities


Athos Asia Event Driven Master Fund and associated Athos entities


Whitefort Capital Inc.


Norges Bank


Wakefield Securities LLC and associated Elliott entities


FourWorld Event Opportunities LP and associated FourWorld entities


Martin Lang, protector of the B Trust


Highlight-Mandate


  • Representing the largest group of shareholders (approximately $1.65 billion by amalgamation consideration value) in the “Jardine appraisal action”, the first major (and practically unprecedented) merger appraisal action in Bermuda.
  • Represented a class of approximately 1,000 investors in two Bermuda life insurance companies which were wound up by the Supreme Court of Bermuda in 2020 following the reallocation of their assets by their shareholder, US groups Global Bankers/Private Bankers.
  • Defending Bermuda law firm, Wakefield Quin, in three separate professional negligence claims.

MJM Limited

MJM Limited houses ‘one of the very best dispute resolution teams in Bermuda’, with representation in insolvency and insurance-related litigation being core offerings within the practice. The team is also highly adept at handling corporate and commercial, trust, banking, and employment litigation, and boasts expertise in domestic and international disputes. Jennifer Haworth chairs the group and frequently acts for insolvency practitioners and creditors, and has appeared before all levels of court. Fozeia Rana-Fahy is praised as ‘a class act’ and is notable in contentious trust and restructuring mandates. Allan Doughty is another key member of the team, specialising in human rights and public law, as well as medical malpractice claims.

Praxisleiter:

Jennifer Haworth


Weitere Kernanwälte:

Fozeia Rana-Fahy; Allan Doughty; Dan Griffin; Michael Goulborn; Nicole Cavanagh


Referenzen

‘Jennifer Haworth is involved in different areas, and her strengths lie particularly in dispute resolution and insolvency matters. She is thoughtful in her approach to cases. She makes efforts to increase female representation in the industry.’

‘MJM appoints and involves the most experienced and appropriate team members for your particular case. They communicate clearly and work with you on strategising for a successful outcome. They are also transparent about what may not work and what the reality of outcomes may be. However, they provide a level of confidence due to their experience and competence.’

‘Allan Doughty is well experienced in dispute resolutions and conducts thorough investigations while also strategising for options and potential outcomes. He plans on how best to present your case for the long term and not just the short term. Allan clearly lays out his responses and reviews them with you to ensure you understand what and how he is presenting your case.’

Kernmandanten

Baker & McKenzie (Taiwan) – Wong Litigation


Robert and Nestor Solano Re: Northstar/Omnia


The P Trusts


HSBC Bank Bermuda Ltd


Hotel TOC Inc


Scott Crabtree and others


Bermuda Press (Holdings) Ltd.


Bermuda Civil Aviation Authority


Highlight-Mandate


  • Representing Baker McKenzie in a cross-border contentious trusts and estate dispute worth more than USD20bn.
  • Acting for Roberto and Nestor Solano as representatives of Variable Class of Investors in Northstar Financial Services Limited and Omnia Limited in the issue of segregated accounts.
  • Defending Hotel TOC Inc against a claim by the Trump Organisation to impose a New York arbitration award in Bermuda, including the set aside of a freezing injunction and the appointment of receivers.

ASW Law Limited

ASW Law Limited's dispute resolution practice boasts expertise in handling both court litigation and international arbitration tribunals. The insurance and reinsurance sectors are of particular focus for the group. Rod Attride-Stirling sits at the helm of the team alongside head of the firm’s restructuring and insolvency department Kehinde George. The group is also home to Matthew Mason, who is active in complex litigation, arbitration, and insolvency proceedings.

Praxisleiter:

Rod Attride-Stirling; Kehinde George


Weitere Kernanwälte:

Matthew Mason


Kernmandanten

Markel Bermuda Ltd


Aspen Bermuda Limited


Chaucer Insurance Company DAC


Porch.com Inc


Argo Group International Holdings Ltd


Brookfield Reinsurance Ltd


Advantage Capital Holdings LLC


Markel CatCo


Deloitte Ltd


Custodian Life Limited (creditors of)


Enstar Group Limited


Alpha Prime Fund Ltd


Dr Wen-Young ‘Winston’ Wong


Roderick Ferguson


DFI Retail Group Holdings Limited


Hong Kong Land Holdings Limited


Mandarin Oriental International Limited


Krys Global


Alverex & Marsal


New Sparkle Roll International Group Holdings Limited (creditors of)


Grant Thornton


General Professional Indemnity Ltd


Highlight-Mandate


  • Acting for four major (re)insurers in Aon business White Rock Insurance fraud involving insurtech Vesttoo.
  • Advising the joint provisional liquidators (Deloitte) of PDV Insurance Co. Ltd, Venezuela’s captive (re)insurer in Bermuda, on its oil and gas programme.
  • Representing Alpha Prime Ltd, the Bermuda investment feeder fund to Bernard L. Madoff Investment Securities LLC, in pursuing Bermuda court proceedings against the company’s administrators and custodians.

Cox Hallett Wilkinson Limited

Cox Hallett Wilkinson Limited boasts ‘a team of highly experienced lawyers’ who are skilled across a range of disputes, especially those surrounding commercial law, trusts, contracts, schemes of arrangement, corporate insolvency, and employment law. Shareholder and director disputes are also areas of expertise for the practice. Craig Rothwell sits at the helm of the team, and he is ably supported by David Kessaram, a key member of the department with notable experience in restructuring and insolvency-related mandates, as well as insurance disputes and trust claims.

Praxisleiter:

Craig Rothwell


Weitere Kernanwälte:

David Kessaram


Referenzen

‘The CHW team offer a wealth of knowledge and expertise in bodily injury and property damage claims. They are very responsive and have always handled our cases while keeping our best interests in mind.’

‘Craig Rothwell is highly qualified and has always maintained a high level of professionalism while acting on our behalf.’

‘Craig Rothwell provides exemplary customer service and is consistently proactive and reliable. He takes a very pragmatic approach to resolution and always maintains a very strong commercial awareness when advising his clients. He is very fair and reasonable and is able to advocate in a manner which communicates a very strong command of the law with an emphasis on integrity and reasonableness.’

Kernmandanten

CG Insurance


AIG Bermuda


Bermuda Hospitals Board


Freisenbruch Insurance Services Ltd


KMPG


HWH Reality Holdings LLC


Partner Capital LLC


Reliance Globalcom Limited


Official Committee Unsecured Creditors- Vesttoo Ltd (US)


Hallmark Properties (Panama)


Rubis


Gorham’s


Highlight-Mandate


  • Acted for one branch of the beneficiaries in respect to an appeal concerning the construction of certain protector provisions contained in 73 settlements.
  • Acted for a client in a complex blessing of a proposal to restructure 23 trust settlements to which three distinguishable branches of a family are beneficially interested.
  • Representing one of the plaintiffs in an application to appraise the fair value of the shares under section 106(6) of the Companies Act 1981.

Harneys

A newer player on the Bermuda dispute resolution market, Harneys provides clients with a brand-ranging offering, including representation in commercial law and shareholder disputes, as well as regulatory enforcement matters. It is also adept at handling insolvency and bankruptcy proceedings. Practice head and managing partner Henry Tucker joined the team from Carey Olsen Bermuda Limited in November 2023, and is praised as an ‘exceptional lawyer‘. He has notable experience across different jurisdictions, including Hong Kong and the UK. Another addition to the team is Warren Bank, who arrived in April 2024 from Cox Hallett Wilkinson Limited.

Praxisleiter:

Henry Tucker


Weitere Kernanwälte:

Warren Bank


Referenzen

‘Harneys’ team is relatively new in the Bermuda market and offers a very good alternative to the existing players. Their cross jurisdictional links with their other offices are seamless and impressive.’

‘Henry Tucker is one of the top lawyers in Bermuda. The few years he spent working in Hong Kong means he is much more attuned to the issues parties face in this region than many of his Bermuda based competitors.’

‘Harneys have been through a transformation in the last year here in Bermuda. They have invested in new lawyers who are open to discussion, extremely responsive to queries, and have provided outstanding legal advice on insolvency and restructuring cases to our firm.’

Kernmandanten

Deloitte, as Provisional Liquidators of Custodian Life Limited


Liquidators of Point Investments Ltd


Kroll Bermuda and FFP Cayman, as Joint Liquidators of St Johns Trust Company (Pvt) Ltd


Ernst & Young, as Provisional Liquidators of Skyfame Realty (Holdings) Ltd


Alvarez & Marsal Asia Ltd and KRyS & Associates as Joint Liquidators of FDG Electric Vehicles Ltd


KRyS & Associates and Acclime Corporate Advisory (Hong Kong) as Joint Liquidators of Hsin Chong Group Holdings Ltd


Grant Thornton & Ors as Joint Liquidators of Goldin Financial Holdings Ltd


Highlight-Mandate


  • Advising Deloitte, as Provisional Liquidators of Custodian Life Limited, on a restructuring plan for this Bermuda-based investment platform and long-term insurer.
  • Advising liquidators of Bermuda incorporated company Point Investments Limited on Bermuda law.
  • Advising the Joint Liquidators of St John’s Trust Company (Pvt) Ltd on their powers, the execution of various transactions, and the recovery of assets for the benefit of creditors.