We have an experienced litigation team which is able to assist in contentious matters of practically any nature. The majority of work we undertake involves, in one way or another, disputes involving offshore structures and entities in the British Virgin Islands and Cayman Islands. Much of our work has cross-border elements. While our primary markets are the British Virgin Islands and Cayman Islands, we are also able to assist in cases involving other common law Caribbean jurisdictions where we have lawyers locally admitted and/or relationships with local firms. Forbes Hare has particular expertise in the following areas:
Asset Tracing and Enforcement
Interim relief, including obtaining:
- Search orders
- Freezing orders
- Orders for disclosure
- Orders for the seizure and preservation of materials
Corporate and Commercial Disputes
- Shareholder disputes
- Minority shareholders’ rights
- Partnership disputes
- Negligence actions against professional service providers and advisors
- Enforcement of foreign judgments and arbitral awards in the BVI and Cayman Islands
- All types of commercial litigation and arbitration
- Compulsory liquidations and provisional liquidations
- Transaction avoidance actions
- Cross-border insolvency
Investment Fund Disputes
- Investor suits against the fund or investment manager
- Litigation by investors against directors
- Functionary disputes
- Fund re-organisations involving dissenting investors
- Multi-jurisdictional asset tracing and enforcement issues in cases of alleged fraud
Trust and Estates Litigation
- Advising and representing trustees, beneficiaries, protectors and other offices holders in relation to every type of dispute concerning the establishment and administration of trusts
- We have been involved in many of the major contentious estates cases in the Eastern Caribbean in the last twenty years.
- Most of our contentious trusts work concerns BVI or Cayman trusts, but we also have significant contentious trusts experience in other Caribbean jurisdictions, and regularly act in matters involving several jurisdictions globally. Virtually all our work has significant cross-border elements, and we are familiar with navigating complex issues of private international law.
- Our partners have experience of acting as, and representing the Next Friend (litigation representative) of minor children in contested trusts and estates matters concerning the assets of deceased oligarchs.
Arbitration and Mediation
- We have significant commercial arbitration experience under all the major rules, and we are able to act in and outside the Caribbean. Most of our work involves, one way or another, offshore entities.
- We have recently conducted arbitrations involving offshore entities in the ICC, HKIAC and LCIA.
- Some partners are able to accept appointments as arbitrators.
- We have experience of successfully mediating large scale commercial disputes, as well as matters involving professional negligence and/or insolvency issues.
We also advise on litigation elsewhere in the English-speaking Caribbean (typically alongside a local law firm), and have trial experience in a number of such jurisdictions.