Insolvency and Corporate Disputes

Our dispute resolution specialists collaborate seamlessly with our corporate advisory and banking teams across jurisdictions to advise multinational corporations, trust companies, banks, funds, insurers, governments and directors. We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

We can assess the viability of administrative or company restoration based on the specific circumstances and offer insights into other potential courses of action, including the possibility of initiating a new company.

Good corporate governance and a sound understanding of directors duties is critical. Regardless of size, establishing a best practice approach should be fundamental to all boards. The board of directors are responsible for ensuring the company achieves its objectives and the corporate governance framework they adhere to should underpin their accountability to the company and its members.

We advise company boards in relation to both the non-contentious and contentious aspects of shareholder relations with a focus on corporate governance to prevent contentious issues arising. We have also advised both boards and activist shareholders in relation to highly contentious general meetings and associated issues arising out of investor actions.

Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore. We are well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not black and white and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

Knowing what to do and when to act when things go wrong is a key part of our service to our clients on both lender and borrower side. Our clients include banks, funds, directors, shareholders and insolvency practitioners. We undertake security reviews and advise on pre-emptive measures. We appreciate the need to act promptly and decisively, and at the same time are sensitive to potential negative publicity for our clients.

Our investment funds practice is enhanced by our litigation and restructuring team that has played a pivotal role in numerous prominent fund-related cases. The team has demonstrated expertise in handling issues stemming from fund restructuring, as well as contentious processes associated with winding down and winding up funds.

We're used to working as part of a multi-jurisdictional team, capable of reacting and responding quickly to urgent requests for assistance with locating and freezing assets. As sophisticated defendants become more adept at dissipating assets, we've been involved in cases that created new law in relation to a party's ability to trace assets and recover their losses. With their ability to deal with complex issues the team deliver clear, commercial advice on the availability and likely success of recovery methods.

For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work to achieve the most beneficial outcome in these difficult situations. 

Currently working on some of the largest and most complex cross-border insolvencies in the jurisdiction, we frequently advise top law firms from the People’s Republic of China, the US, the UK and other jurisdictions. We are regularly briefed by Sovereign Wealth Funds and Fortune 500 Companies to advise on particular restructurings, as well as investment managers from Europe and the US.

At whatever stage we are engaged, our involvement will assist in identifying the ongoing risks facing a client and to enable that client to continue to identify and effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

With offices in the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and London, we can advise you on every aspect of international arbitration. Our dedicated arbitration specialists will work alongside you to quickly determine the best approach for a successful conclusion.

Collas Crill’s Cayman Islands appraisal practice is headed by Partner Rocco Cecere, who is recognised as a leading practitioner in the field. Rocco’s team has significant experience in appraisal litigation.

Rocco is a member of the Grand Court’s users committee which drafted the procedural rules governing appraisals matters. The Cayman Islands merger regime is a relatively new and evolving law. Our cross-border team acts on dissenter and company side, from pre-merger stage all the way through to trial and any appeals.

Restructuring takes many forms, and we have broad experience in reshaping businesses to the changing needs and demands of the market. The team possesses a hands-on and comprehensive grasp of the intricate challenges that may emerge in restructuring scenarios, whether involving mergers, acquisitions, reorganisations or recapitalisation activities.