In Your Court: Offshore Dispute Resolution Review - May 2020

• Published date: 06 June 2020
• Author: Mr Nicholas Burkill, Damian Evans, Jennifer Fox, Marc Kish, Mathew Newman, Deborah Barker Roye and Nick Williams
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Insolvency/Bankruptcy/Re-structuring, Insolvency/Bankruptcy, Arbitration & Dispute Resolution, Privilege
• Law Firm: Ogier

While the full impact of COVID-19 on global markets is yet to be seen, many anticipate a marked shift in workflow as businesses look to refinance and restructure.

Our Restructuring and Corporate Recovery team, headed by Cayman Partner Marc Kish, has been busy providing seamless services across jurisdictions and disciplines to find the best, commercial solution for clients, from consensual workouts to contentious schemes of arrangement. You can find out more about the team here.

As the courts in our jurisdictions continue to adapt to social distancing and/or lockdown restrictions, we are pleased to report that hearings continue to go ahead thanks to the use of digital solutions, with just some examples including a substantive hearing of a winding up petition in Cayman, and a recent decision in favour of Ogier's client handed down remotely in the BVI.

In recent team news, we were delighted to welcome Damian Evans and William Jones to the partnership. Described as 'extremely intelligent, brilliant in court, unfailingly practical and results-driven' by Legal 500, Damian has been involved in some of the leading trust litigation cases in Jersey, while Will has been commended as 'industrious and meticulous - a litigation heavyweight' in the Legal 500 Caribbean, having worked on many of the most important cases in Cayman. We were also pleased to recently announce the promotions of Daniel Maine in Jersey to Counsel, Gemma Lardner to Managing Associate and Rebecca Findlay to Senior Associate (both Cayman).

Read more articles from the team here:

Crossing borders in Guernsey: new insolvency reforms

As many readers will know, Guernsey has recently approved a significant set of reforms to our insolvency legislation, to bring it in line with comparable jurisdictions such as England. A rules committee is also working on a set of corresponding rules to deal with the finer procedural points that affect a Guernsey insolvency. You can read Ogier's briefing on the new reforms here.

Read the briefing from Mathew Newman here: Crossing borders in Guernsey: new insolvency reforms

Cross-border insolvency - what assistance can Jersey give? A recent example

As a leading international finance centre, the Royal Court of Jersey is often required to consider insolvency proceedings which engage multiple jurisdictions. Where foreign insolvency proceedings or winding up arise in relation to a group of companies which include a Jersey company and assets, the foreign insolvency official...