Legal Services Global Dispute Resolution

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Debra Armstrong
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1 Legal Services Global

2 The intellectual talent of their star players is of top quality. Client feedback Contents Who we are 3 What we do, how we do it 4 Our jurisdictions 6 Our team and recognition 8 Cross functional teams 12 Contact us 14

3 Legal Services Who we are When disputes arise offshore, they are often complex, international and high value. Ogier has one of the largest offshore teams advising on the technical, strategic and procedural aspects across the spectrum of contentious commercial issues and disputes. We advise on five international laws: BVI, Cayman Islands, Guernsey, Jersey and Luxembourg. Our team s experience spans cross border, multi-million and multibillion value disputes across Europe, the Middle East, Asia, the US and Russia. We resolve disputes in negotiation, mediation, arbitration or in court. With extensive cross-border and international experience, we work closely with onshore counsel and other professional services providers in connection with foreign regimes. We have a pedigree in local and cross-border trust dispute resolution. Ogier counts as its clients a large number of the leading institutional and independent fiduciary businesses offshore. Risk management has become a critical tool for clients, who include the world s leading financial institutions, independent professional advisors, international accountancy practices and global law firms. We also act for many of the world s most wealthy families and high net worth individuals. Ogier s Restructuring and Insolvency team offers legal advice to banks, financial intermediaries and corporates, as well as onshore counsel and other professional services providers in connection with company structures. Ogier has excellent relationships with regulators in each of the BVI, Cayman, Guernsey and Jersey. We seek the best outcome for every client. Pre-empting formal proceedings and resolving disputes quickly, fairly and cost effectively is key to the efficient operation of a business. In the interests of providing excellent client service, preserving relationships is very important to us. They are very good - they respond very quickly, are very familiar with BVI laws, and understand the court system and cross-border matters very well. Chambers 2015, BVI, They are responsive, pragmatic and outcome-focused. Chambers UK 2017, 03

4 Legal Services The team is well equipped to guide clients through all the stages of an international arbitration. Chambers 2016, Cayman Islands, What we do, how we do it Commercial disputes Including fraud, asset tracing and enforcement of foreign judgments and arbitral awards, bribery and money laundering actions. Contentious regulatory advice Regulatory investigations and enforcement, proceeds of crime, market misconduct, money laundering, corporate governance issues and conflicts of interest. How we do it Many techniques have been developed to identify and resolve risks and disputes, each with its own advantages and disadvantages. Knowing which should be applied and how procedures differ in each jurisdiction can help to minimise costs, save time and keep businesses and transactions on track. Strong reputation for handling insolvency and trust matters. Chambers 2016, Guernsey, Dispute Resolution Corporate disputes Claims against directors, shareholder disputes, corporate fraud. Employment advice Employment disputes, housing and immigration issues, data protection, employment contracts and employee benefits and pension arrangements, HR practice. Financial services disputes Including contentious funds, banking and insurance claims. Restructuring and Insolvency Winding up and cross border insolvency applications, restructuring applications, investor/shareholder rights; schemes of arrangement, amalgamation and reconstruction, asset recovery. Insurance related disputes Acting for insured parties and for insurers on coverage and policy issues. Trust disputes Breach of trust claims, administrative applications. Where possible we take steps to avoid formal legal proceedings but when that is not possible our lawyers are perfectly placed to represent clients in any dispute resolution procedure. Techniques include: Negotiated settlements Litigation Mediation Arbitration Dispute Boards Early neutral evaluation (ENE) Expert Determination There are often significant differences in procedures and practices in different jurisdictions and procedural rules may differ from one country to another. The merits of each dispute resolution method should therefore be considered in the light of the specific factual and jurisdictional circumstances. 04

5 Edward Mackereth Global Managing They are incredibly relaxed and pragmatic. They get it done very quickly, without any fuss. They are really good to work with. Chambers UK

6 Legal Services A very smart practice and responsive team. Chambers 2015, Asia-Pacific region Ogier were helpful, prompt with responses and consistent with their advice; everything you would hope for in a correspondent lawyer. Client feedback Jersey Dispute Resolution, 2015 Our jurisdictions BVI In the BVI we offer legal advice relating to corporate and commercial dispute resolution and contentious trusts and insolvency matters. Every member of our BVI team is a qualified barrister and we offer our clients strong advocacy capabilities and experience before all levels of court in both trials and interim applications. Members of the team are regularly involved in freezing injunctions, Norwich Pharmacal applications and applications for the appointment of receivers and provisional liquidators. Cayman Islands Our Cayman Islands team specialises in complex, high-value matters with an emphasis on those with a crossborder aspect. Having regularly appeared in the Grand Court and the Court of Appeal, our team has particular expertise in corporate insolvency, contentious trust and general commercial dispute resolution, including enforcement of foreign judgments, asset tracing and fraud. Guernsey Having been involved in many high profile contentious commercial, trust and insolvency matters in Guernsey, our team has substantial Royal Court and Court of Appeal experience including obtaining freezing, mandatory and other injunctions, commercial investment funds and trust disputes, fraud and asset tracing, insurance, schemes of arrangement, insolvency and employment issues. Jersey Ogier s Jersey team is a Legal 500 tier one practice. Our experienced advocates play leading roles in many high profile cases, with particular expertise in contentious trust, insolvency and restructuring issues and commercial dispute resolution. Our pan Channel Island Employment Law team provides advice on all aspects of Jersey and Guernsey employment law. Hong Kong Client demand led to a move to the region from the BVI for partner Ray Ng, the most senior BVI litigator in Asia. We work with Asia-based clients seeking to manage risk, avoid or resolve disputes and who require assistance with regulatory and investigation work, in their own time zone. 06

7 Rachael Reynolds Ogier s hugely responsive and supportive team provides practical solutions to complex problems. Legal

8 Legal Services Winning a STEP Private Client Award is recognised as a clear mark of excellence as entries go through a rigorous, practitioner led judging process to be selected as the best in the industry. Our team and recognition Our team Many of our Global Dispute Resolution lawyers come from the English Bar or American Bar, or are solicitors from leading London law firms. Many are leaders in their fields of specialism. The diversity of our team s experience fosters respect and reciprocity and ensures a breadth of perspective is brought to every matter. We advise on risks associated with a wide range of finance, trust, commercial and corporate matters and will often work alongside non-contentious lawyers from the relevant discipline to resolve an issue. Our team works closely with industry associations across our jurisdictions and are members of the Society of Trust & Estate Practitioners (STEP), the Association of Restructuring and Insolvency Experts (AIRES), INSOL International, the Insolvency Lawyers Association, and the Association of Business Recovery Professionals (R3). We regularly assist government bodies in BVI, Cayman, Guernsey and Jersey in the introduction or reform of legislation as part of working groups or by contributing to industry consultation processes. Industry recognition Offshore Law Firm of the Year Ogier was crowned Offshore Law Firm of the Year by The Lawyer in The accolade was given to Ogier because the firm maintained its momentum after the MBO and used its new, law-only focus to expand its offering, moving a disputes team into Hong Kong for the first time and continuing to grow its unique Luxembourg office. As well as being involved in a significant number of high profile transactions, Ogier advised on two of the largest pieces of litigation seen in its home jurisdictions of Guernsey and Jersey last year representing Carlyle in a $1bn Guernsey funds dispute and for the beneficiaries of a trust in a very significant and groundbreaking claim against the trustees for gross negligence, which was settled in International Legal Team of the Year 2015 Ogier was named International Legal Team of the Year 2015 by STEP. The Presiding Judges commented: Ogier displayed all-round strength and expertise in all their locations, with a range of cross-border work in mature and emerging markets. They have a great team on the forefront of some key cases and have been successful in pushing the limits of legal development. 08

9 Brian Lacy In the BVI, Ogier is a popular choice for work from Russia and Asia relating to crossborder insolvency and restructuring, asset tracing and shareholder disputes 09

Ogier acts in ground-breaking cross-border restructuring and insolvency case. Legal flexibility in innovative pooling application speeds Huelin-Renouf liquidation.

10 Ogier acts in ground-breaking cross-border restructuring and insolvency case. Legal flexibility in innovative pooling application speeds Huelin-Renouf liquidation. In a case which marked a significant step in developing cross-bailiwick restructuring law, Ogier acted for the joint liquidators of Huelin Renouf Shipping Limited and HuelinRenouf (Guernsey) Limited. The resulting decision demonstrates the flexibility of the Guernsey insolvency regime in achieving the best outcome for all parties, and in particular creditors, says Ogier partner Mathew Newman. He said: This cross-border cooperation develops insolvency law in both jurisdictions for the better. Pooling has been achieved between insolvent companies which are part of the same group on a handful of occasions worldwide, including the well-known BCCI liquidations in England, Luxembourg and the Cayman Islands in the 1990s. It has never been done before in Guernsey, let alone crossborder. 10 Ogier partner Nigel Sanders, who represented the liquidators in Jersey said: Pooling in the context of company liquidations has only ever been achieved in Jersey in the context of domestic companies but never crossborder. The decision in HuelinRenouf was also the first time a company in a just and equitable winding up had been subject to a pooling order and demonstrates not only the willingness of the Channel Islands Courts to co-operate and work together, but also their flexibility when considering what is the fairest outcome for the parties with the true interest. The Courts were mindful of ensuring that local law applied to the claims of preferential creditors but overall the outcome represents a significant development in both islands insolvency law and practice.

11 Simon Davies Global Head of Ogier acted in Guernsey s first ever civil claim over US$1bn. 11

12 Legal Services 12 Cross functional teams Restructuring and Insolvency Ogier s team handles challenging domestic and cross-border assignments. Our Restructuring and Insolvency team covers multiple jurisdictions and includes lawyers who specialise in a range of legal disciplines including corporate, finance, litigation and arbitration. We advise banks, financial intermediaries and corporates, and have extensive international experience advising on contentious and non-contentious offshore restructuring and insolvency matters. We often advise in conjunction with onshore counsel and other professional services providers in connection with company structures. Ogier has excellent relationships with regulators in each of BVI, Cayman, Guernsey and Jersey. We are the only legal services provider advising clients on restructuring and insolvency matters across these offshore jurisdictions and onshore in Luxembourg for noncontentious matters. Trusts Advisory Group Ogier s Trusts Advisory Group draws together experts from different disciplines and locations enabling us to provide a seamless contentious and non-contentious advisory service which also includes relevant corporate support. Our Private Client and Trusts team advises trustees, private banks and ultra-high net worth clients on the lifecycle of trusts from establishment, restructuring and administration to succession planning. We have in-depth knowledge of trusts and foundations, enabling us to provide flexible and practical guidance on choosing the most effective jurisdiction. The team combines with our corporate specialists to provide commercially focused corporate advice regarding companies that underlie trust structures or on new investments structures as they arise. Drawing together our contentions and non-contentious trust practitioners, our Dispute Resolution specialists have a strong track record in dealing with contentious issues. Ogier has acted successfully in many of the headline international trust and private client matters in recent years in BVI, Cayman, Guernsey and Jersey. Regulatory Nearly a decade after the financial crisis the regulatory environment is increasingly complex and often challenging for regulated businesses. In our home jurisdictions we operate within sound regulatory frameworks and have longstanding and professional relationships with industry regulators in the BVI, Cayman Islands, Guernsey, Jersey and Luxembourg. Our multi-disciplinary team can help navigate these. Increasingly regulated environments through each stage in the business lifecycle: start up and relocation, operation, expansion and change. Prevention of issues is preferable but where things have gone wrong, we provide effective solutions to clients including banks, major corporates, investment managers, fund administrators, trust companies and private clients.

13 Ray Ng Our team expanded to Hong Kong in

Legal Services Contact us Edward Mackereth

Resolution - Caribbean and Asia T +1 345 815

com Ray Ng T +852 3656 6041 M +852 6716 6377 ray.

com Brian Lacy T+1 284 852 7358 M+1 284 542 7358

14 Legal Services Contact us Edward Mackereth Global Managing T M edward.mackereth@ogier.com Simon Davies T M simon.davies@ogier.com Rachael Reynolds and Head of Dispute Resolution - Caribbean and Asia T M rachael.reynolds@ogier.com Ray Ng T M ray.ng@ogier.com Brian Lacy T M brian.lacy@ogier.com Marc Kish and Head of Restructuring and Insolvency - Caribbean and Asia T M marc.kish@ogier.com 14

15 Legal Services Ulrich Payne T M ulrich.payne@ogier.com Nigel Sanders T M nigel.sanders@ogier.com Nicholas Burkill T M nicholas.burkill@ogier.com Oliver Payne T M oliver.payne@ogier.com Mathew Newman T M mathew.newman@ogier.com Nick Williams T M nick.williams@ogier.com 15

16 Contacts British Virgin Islands Ritter House Wickhams Cay II PO Box 3170 Road Town, Tortola British Virgin Islands VG1110 T F E bvi@ogier.com Cayman Islands 89 Nexus Way Camana Bay Grand Cayman Cayman Islands KY T F E cayman@ogier.com Guernsey Redwood House St Julian's Avenue St Peter Port Guernsey GY1 1WA T F E gsy@ogier.com Hong Kong 11th Floor Central Tower 28 Queen's Road Central Central Hong Kong T F E hk@ogier.com London 1st Floor 99 Bishopsgate London EC2M 3XD T F E london@ogier.com Luxembourg 2-4 rue Eugène Ruppert PO Box 2078 L-1020 Luxembourg T F E luxembourg@ogier.com Shanghai Room 3671 Level 36 Shanghai International Finance Centre Tower II No. 8 Century Avenue Pudong New Area Shanghai China T E shanghai@ogier.com Tokyo Nisso 23 Building Suite 801 Toranomon , Minato-ku Tokyo Japan T F E tokyo@ogier.com Jersey 44 Esplanade St Helier Jersey JE4 9WG Channel Islands T F E jsy@ogier.com Ogier provides practical advice on British Virgin Islands, Cayman Islands, Guernsey, Jersey and Luxembourg law through our global network of offices. Ours is the only firm to advise on these five laws. We regularly win awards for the quality of our client service, our work and our people. Regulatory information can be found at ogier.com ogier.com

Legal Services Global Dispute Resolution

Legal Services Global Dispute Resolution The intellectual talent of their star players is of top quality. Client feedback Contents Who we are 3 What we do, how we do it 4 Our jurisdictions 6 Our team and