Global Dispute Resolution Practice

Transcription

1 Global Dispute Resolution Practice An introduction to working with us British Virgin Islands Cayman Islands Guernsey Hong Kong Jersey Luxembourg Shanghai Tokyo

2 About Ogier Ogier provides legal advice on BVI, Cayman, Guernsey, Jersey and Luxembourg law. We operate in eight jurisdictions in key financial centres and have a presence in BVI, Cayman, Guernsey, Hong Kong, Jersey, Luxembourg, Shanghai and Tokyo. We are a full-service law firm. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate and commercial, investment funds, dispute resolution, private equity and private wealth and restructuring and insolvency. We also have strong practices in the areas of performance and reward management, employment law and regulatory advice. Our Global team has expanded significantly in recent years and is now one of the largest offshore teams. This period of growth has coincided with increased demand in the call from clients and in-house counsel for risk-management related advice. Risk management has become a critical tool for many of our clients, which include the world s leading financial institutions, independent professional advisors and the major international accountancy practices and global law firms. We also act for many of the world s most wealthy families and high net worth individuals. The team is packed full of intelligent, proactive and gifted lawyers who bring a sensible, robust and commercial approach to their work. Chambers 2015 Their work is first class Chambers

3 Our Services Techniques We provide advice in relation to 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. The frequency, complexity and cost of resolving disputes in the offshore sector has led to the development of many techniques for identifying potential risks and disputes and resolving them. Our advice covers all technical, strategic and procedural aspects across the spectrum of contentious issues and disputes that arise in an offshore environment. We have extensive cross-border and international experience and are used to working closely with onshore counsel and other professional services providers in connection with foreign regimes. Our dispute resolution services include dealing with issues arising from: Commercial disputes - including fraud and asset tracing claims and enforcement of foreign judgments, bribery and money laundering actions Corporate disputes - claims against directors, shareholder disputes, corporate fraud Contentious trusts disputes - breach of trust claims, administrative applications. Insolvency and restructuring - winding up and cross border insolvency applications, restructuring applications; investor/shareholder rights; schemes of arrangement, amalgamation and reconstruction, asset recovery Contentious regulatory advice - including regulatory investigations and enforcement, proceeds of crime, market misconduct, money laundering, corporate governance issues and conflicts of interest Employment advice - employment disputes, housing and immigration issues, data protection, employment contracts and employee benefits and pension arrangements, HR practice. Each technique for resolving disputes has its own advantages and disadvantages. Knowing which techniques should be applied and how procedures may differ in each jurisdiction can help to minimise costs, save time and keep businesses and transactions on track. Techniques include: Negotiated settlements Litigation Mediation Arbitration Dispute Boards Early neutral evaluation (ENE) and 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. Ogier is a well-oiled machine that delivers work in an accurate and timely fashion Legal commercially focused and pragmatic advice. Legal

4 Our Jurisdictions We provide advice on technical, strategic and procedural aspects across the spectrum of contentious issues and disputes that arise in an offshore environment. BVI Our BVI team provides expert legal advice and representation relating to corporate and commercial dispute resolution and trusts and insolvency matters and is ranked in tier one for dispute resolution in the Legal 500 and Chambers and s directories. The team has a wealth of experience before all levels of court in both trials and interim applications. In particular, in addition to trials, all members of the team are regularly involved in freezing injunctions, Norwich Pharmacal applications, and applications for the appointment of receivers and provisional liquidators. Cayman Our Cayman Islands team specialises in complex, high-value matters with an emphasis on those with a cross-border aspect. The team comprises experienced advocates who regularly appear in the Grand Court and the Court of Appeal in all types of dispute resolution and insolvency-related proceedings. Members of the team have particular expertise in corporate insolvency, contentious trust matters and general commercial dispute resolution, including enforcement of foreign judgments, asset tracing and fraud. Guernsey Our Guernsey team has substantial commercial, insolvency and trust experience before both the Guernsey Royal Court and Court of Appeal. They have been involved in many of the noteworthy and high-profile contentious commercial, 6 trust and insolvency matters that have occurred in Guernsey. Experience includes obtaining freezing, mandatory and other injunctions, commercial investment funds and trusts litigation, fraud and asset tracing, insurance disputes, insolvency matters and employment issues. Jersey Our Jersey team comprises experienced advocates who regularly appear in the Jersey Courts in many types of proceedings, as well as providing advice on a broad range of contentious matters. The team is ranked as a tier one firm in The Legal 500 and plays a leading role in many high-profile cases in Jersey, having particular expertise in contentious trust cases, contentious insolvency and restructuring issues and commercial dispute resolution. Our specialist pan-island Employment Law team also sits within the dispute resolution team and provides advice on all aspects of Jersey and Guernsey employment law. Hong Kong Ogier s dispute resolution practice in Asia is headed up by partner, Ray Ng, who relocated to the region in 2014 from the BVI. This move comes as a result of client demand for our dispute resolution services in the Asian time zone. We can now cater for Asian-based clients seeking to manage risk, avoid or resolve disputes and who require assistance with regulatory and investigation work in their own time zone. How we do it For every client we seek to achieve the best outcome. We know that for most clients preserving the relationship with their business clients and customers is important. Where possible we will take steps to avoid formal legal proceedings. We understand that pre-empting formal proceedings and resolving disputes quickly, fairly and costeffectively is key to the efficient operation of a business. However, when that is not possible our lawyers are perfectly placed to represent clients in any dispute resolution procedure. Our Lawyers Many of our Global lawyers are drawn from the English Bar or American Bar, together with city of London law firms and are recognised as leaders in their fields of specialism by industry commentators. The team also features highly in the leading legal directories. The diversity of the background of Ogier lawyers fosters an environment of respect and reciprocity, and it ensures that a breadth of perspective is brought to any matter that the team advises on. 7

5 Contacts Information on Ogier Group and its regulators can be accessed via our website www. This brochure is printed using FSC approved paper which is sourced from well managed forests. Please recycle this brochure after use. BVI Andrew Wanambwa T E andrew.wanambwa@ Cayman Islands Rachael Reynolds and Head of, Cayman Islands T E rachael.reynolds@ Guernsey Simon Davies and Head of, Guernsey T E simon.davies@ Mathew Newman T E mathew.newman@ Hong Kong Ray Ng and Head of, Hong Kong T E ray.ng@ Jersey Ed Mackereth and Global Head of T E edward.mackereth@ Nigel Sanders T E nigel.sanders@ Nick Williams T E nick.williams@ Shanghai Kristy Calvert Managing Director, China T E kristy.calvert@ Tokyo Skip Hashimoto Managing Director, Japan T E skip.hashimoto@