CEDR Accreditation: CEDR Panel Member Since: 2000 2002 Languages: Location: English Grand Cayman built rapport and gained the confidence and trust James Corbett QC of the parties very quickly. Mediation Feedback Overview James Corbett became a CEDR Solve Panel Mediator in 2002 and acts as mediator on a very wide range of disputes related to business on a regular basis. Professional Background James is an English Barrister and Queen's Counsel, a deputy High Court Judge, and an authority on cross-border litigation in English and Commonwealth courts, with an emphasis on disputes in the financial services and technology industries and insolvency contexts. He has advised and appeared in many cases involving trusts and bank secrecy laws in Caribbean and other offshore jurisdictions. He writes and lectures extensively on offshore trusts and associated litigation and is a contributing author of International Trust Disputes (OUP, 2012) and principal author and editor of Insolvency and the Law of Offshore Trusts (OUP, forthcoming). Experience Banking & Finance Partnership & Shareholder Professional Negligence Commercial Contracts Property Trusts, Wills & Probate Insolvency 1
Dispute Experience (non-mediation work in italics) Banking & Finance Representation of hedge fund administrator in US$350 million+ dispute pending in the London International Arbitration regarding services to Bermuda based hedge fund. Representation of a minority shareholder hedge fund in an unfair prejudice claim relating to the management of a leading health services provider. Representation of a U.S. hedge fund in litigation in the Cayman Islands against other investors relating to disputes over joint investments in South America. Representation of third party/appellant in bankruptcy litigation in the Court of Appeal in London arising out of concealed beneficial ownership of foreign assets. Representation of a majority shareholder of a PRC real estate holding company incorporated in the Cayman Islands in a dispute with several U.S. banks over potential default of a US $500 million credit facility. Representation of the bankruptcy estate of a Hong Kong company in relation to tracing and recovery of US $200 million+ allegedly transferred from the company, involving work in both BVI and Cayman Islands. Representation of a trustee in a multi-million dollar trust claim in the Royal Court of Jersey against a trust company in Anguilla (with various interim and Beddoe applications in Anguilla). Advice on the law of the British Virgin Islands, Anguilla and St Kitts and Nevis to U.S. Federal Courts in Texas and California in high-end commercial litigation. Representation of an African financial institution in a letter of credit dispute against a bank involving approximately 18 million in controversy. Representation of an institutional note holder in a dispute against a servicer arising out of an underperforming structured loan to a real estate project in the United Kingdom. Representation of claimants in a dispute in Anguilla involving shares worth up to US $200 million. 2
Commercial Contracts Multi-party dispute related to share sale warranties. Claim arising out of a contract of sale of a livestock which was later found to have a respiratory disease. Dispute arising out of the wrongful possession of land supposedly abandoned and fraud. Representation of claimant in a multi-million pound claim and counterclaim between a US international franchisor and its London franchisee. Representation of a client in ICC arbitration proceedings in New York relating to an alleged breach of contract, involving more than 60 million in controversy. Competition Representation of a high technology reseller company in the Middle East against a U.S. company in ICC arbitration proceedings in London arising from allegations of unfair competition involving more than 70 million in controversy. Representation of a large multinational company in proceedings against a Northern European mobile communications company involving allegations of unfair competition and intellectual property issues. Insolvency Fiduciary duty claim against a receiver in Grand Cayman and the joint official liquidators. Partnership & Shareholder Partnership dispute between three former partners of a manufacturing company. Multi-party shareholders dispute related to issues of controlling interests in the company. Professional Negligence Claim by a client against his former solicitors for negligent advice in respect of the execution of an option agreement for the purchase of land. Multi-party action for negligence in the preparation of a mortgage valuation. 3
Property Representation of claimant in an action in St Kitts & Nevis for specific performance of a contract for the sale of land. Trusts, Wills & Probate Representation of protector of US $400 million+ offshore trust in resisting U.S./onshore efforts at freezing and forfeiting assets, involving parallel proceedings in the U.S. and Cayman Islands courts, as well as Switzerland and Italy. Representation of several hedge funds in disputes against U.S. and English trustees of structured investments with respect to compelling investigation of non-conforming loans. Representation of Jersey trustees in a multi-million pound dispute between a third party investor, beneficiaries and the trustees, in which the English High Court gave a landmark decision on the meaning and effect under English law of the obligation to procure contractual performance. Representation of beneficiaries in claims in the Royal Court of Jersey against Jersey trustees in respect of advancements and appointments of worldwide assets to other beneficiaries. Representation of California-based trustees appointed under will trust governed by law of Anguilla in dispute about ownership of world-famous liquor brand, involving trial and appeal in Anguilla courts. Representation of the Attorney General of New Jersey in asset recovery dispute governed by trust law of Nevis, the Bahamas and United States. Representation of trustee in dispute over ownership of port facility in the Bahamas, involving proceedings in the Bahamas and the Cayman Islands. Personal Style James attaches great weight to careful preparation and establishing a good rapport with the parties from the outset of the process. Feedback very effective excellent and would recommend him managed to channel the perceived aggression 4
good at reality testing built rapport and gained the confidence and trust of the parties very quickly friendly, welcoming and remained neutral at all times Membership of Professional Organisations James was called as a Barrister in 1975 and became Queen's Counsel in 1999. Prior to joining Kobre & Kim LLP, Mr Corbett QC maintained a busy practice at Serle Court advocating on behalf of clients in disputes involving commercial litigation (commonly with an international element), insolvency and company law as well as in arbitration and mediation. He has a deep experience in international arbitrations and is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators, a Fellow of the Hong Kong and Singapore Institutes of Arbitrators, and a member of the London Court of International Arbitration and many other arbitration panels. Member of Commercial, Chancery and Employment Bar Associations Bar Pro Bono Unit Member of the Bars of Ireland (1981), Northern Ireland (1994), New South Wales (2002) and Eastern Caribbean (2002) Fellow of the Chartered Institute of Arbitrators (1997), Chartered Arbitrator (2001) 5