Alex Potts KC

Partner, Head of Cayman Islands Litigation & Restructuring

Alex Potts is a partner and Head of the Litigation & Restructuring practice in the Cayman Islands office of Conyers.

With a particular focus on complex disputes, Alex handles matters in the fields of banking, financial services, investment funds, (re)insurance, professional negligence, company law, trusts, asset recovery and contentious insolvency; his practice also extends to matters of public, constitutional and administrative, regulatory, telecommunications, employment, planning, and environmental law.

Alex has conducted cases and appeared as leading counsel before a variety of first-instance and appellate courts, arbitration tribunals, and regulatory tribunals, in England and Wales, Bermuda and the Cayman Islands, including the Privy Council. He is frequently instructed as counsel in international arbitrations and mediations, and associated legal proceedings.

Alex is a member of a number of professional organizations including INSOL International, Chartered Institute of Arbitrators, COMBAR, and the Chancery Bar Association, and he has served as an appointed member of Bermuda’s Copyright Tribunal and Human Rights Tribunal.

Chambers Global notes Alex Potts as “an experienced practitioner who is noted by interviewees for his insolvency expertise.” Sources reported that he “is very good lawyer in terms of analysing the law. His written work is first-class and he is an effective advocate.”

Alex is the author of many publications on issues of offshore law, and he is regularly invited to speak at conferences and seminars, and to give expert opinion evidence.

Alex regularly advises and represents banks, insurers, investment funds, fund managers and administrators, public and private companies, trustees, directors, insolvency professionals, professional service providers, and corporate stakeholders.

Speaking Engagements:

  • ‘Arbitrating Corporate Divorces: Shareholder Disputes in Bermuda and the Cayman Islands’, AIDA Reinsurance and Insurance Arbitration Society (ARIAS•U.S.) 2022 Fall Conference, New York City (November 2022)
  • ‘Judicial mistakes and accountability: Can the judiciary breach the rule of law and, if so, what are the consequences?’, International Bar Association (IBA) 2022 Annual Conference, Miami (November 2022)
  • ‘Legal and Regulatory Developments in the Cayman Islands’, The 39th International Symposium on Economic Crime, Jesus College, Cambridge University (September 2022)
  • ‘Creditor’s winding up petitions and disputed debts in offshore jurisdictions’, INSOL London Academic Colloquium (June 2022)
  • ‘Departure from the Old, Dawn of the New’, INSOL International Offshore Bahamas Seminar (December 2019)
  • ‘Disability and the Law’, DiveIn Bermuda 2019
  • ‘Corporate Restructuring: Who is in Control? The balancing act between collective, class and individual rights’, Chancery Bar Association Bermuda Seminar (May 2019)
  • ‘The Bermuda Triangle: Injunctions, Undertakings, and Contempt’, COMBAR North American meeting, New Orleans (May 2019)
  • ‘Driving the Exit from Investments in South East Asia and China – Offshore’, INSOL International Singapore Offshore Seminar (April 2019)
  • ‘Insurance Law in Bermuda’, Bermuda Bar Association, 2018
  • ‘Diversity and the Law’, DiveIn Bermuda 2018
  • ‘When the walls come down: what happens when a cell company fails’, INSOL International Channel Islands One Day Seminar, Guernsey (13 September 2017).
  • ‘Increasing Costs, Risks, and Regulation in Offshore Centres’, Sedgwick E&O London Seminar (5 July 2017).

Jurisdictions

Experience

  • Re Changyou.com Limited, Cayman Islands Court of Appeal, CICA 6 of 2020, judgment dated 16 September 2022 (Short-form merger, legal standing of minority shareholders to exercise statutory appraisal rights)
  • Titan Petrochemicals Group Limited [2022] CA (Bda) 13 Civ, Bermuda Court of Appeal, judgment dated 9 August 2022 (Successful appeal against order for compulsory winding up of Bermuda holding company with Hong Kong business activity)
  • Jian Ying Ourgame High Growth Investment Fund (in Liquidation) v Powerful Warrior Limited, Grand Court of the Cayman Islands, FSD 255 of 2021, judgment dated 19 July 2022 (Recusal of Judge, Apparent Bias, Issues of jurisdiction, service out of the jurisdiction of the Cayman Islands, and enforceability of HKIAC Arbitration Agreement)
  • MaplesFS Limited v B&B Protector Services Limited and PJSC National Bank Trust and PJSC Bank Otkritie Financial Corporation, FSD 213 of 2021 DDJ, Grand Court of the Cayman Islands, judgment dated 14 July 2022 (Substituted Service and Forum Non Conveniens, Cayman Islands STAR trust, Firewall Provisions)
  • Kattina Anglin v Governor of the Cayman Islands and Colours Caribbean, G0169 of 2020, Grand Court of the Cayman Islands, judgment dated 28 March 2022 (Judicial Review, Reserved Powers of the Governor pursuant to section 81 of Schedule 2 to the Cayman Islands Constitution Order 2009, section 55 of the Constitution, meaning of ‘external affairs’, legal validity of Civil Partnership Act 2020)
  • In the matter of the Kuwait Ports Authority, Grand Court of the Cayman Islands, FSD No 118 of 2021, judgment dated 8 March 2022 (Sections 3 and 4 Confidential Information Disclosure Act, Cayman Bill of Rights, Data Protection Act)
  • Re Virginia Solution SPC Limited, Grand Court of the Cayman Islands, FSD 5 of 2020, judgment dated 10 February 2022 (Trial of a Just and Equitable winding up Petition, captive insurance company, quasi-partnership and functional deadlock allegations)
  • Re Midland Acres Limited, Grand Court of the Cayman Islands, FSD 88 of 2017, judgment dated 19 January 2022 (appeal against rejection of Proof of Debt)
  • Cowan v Carmody, Cayman Islands Court of Appeal, CICA 37 of 2019, judgments dated 19 October 2020 (Service out of the jurisdiction, non-disclosure, jurisdiction of the Court of Appeal, costs)
  • Great Simplicity Investment Corporation v Bitmain Technologies Holding Company, Grand Court of the Cayman Islands, FSD 247 of 2019, judgment dated 31 July 2020 (Corporate shareholder dispute, invalidity of EGM and amendments to Articles of Association)
  • Linden Capital v Luckin Coffee Inc, Grand Court of the Cayman Islands, FSD 82 of 2020, judgments dated 4 June 2020 and 3 August 2020 (NASDAQ listed Chinese coffee business, Worldwide Mareva / Freezing Order Injunction, Ancillary disclosure application, Extended Definition of Assets, Unjustified Risk of Dissipation and Ordinary and Proper Course of Business, Appointment of Provisional Liquidators)
  • Siddiqui et al v Athene Holding Ltd (Application for leave to appeal to the Privy Council) [2019] CA (Bda)12 Civ, [2019] CA (Bda) 15 Civ, [2020] CA Bda 2 Civ Bermuda Court of Appeal (jurisdiction and forum non conveniens appeal, and applications to strike out claims alleging breach of confidence and breach of fiduciary duties, further application for leave to appeal to the Privy Council against interlocutory rulings, costs of appeal and directors’ indemnities)
  • Apex Fund Services Ltd et al v Mathew Clingerman (as Receiver of Silk Road M3 Fund) [2019] SC (Bda) 74 Com, Supreme Court of Bermuda (Application for interim anti-suit injunction)
  • In the matter of the A Trusts [2018] SC (Bda) 42 Civ, Supreme Court of Bermuda (Trustees’ application for Court approval of a momentous decision to effect a corporate transaction, contested by beneficiaries)

Qualifications

Professional Background

  • Partner, Kennedys (Bermuda), 2012 – 2020
  • Senior Associate, Conyers (Bermuda), 2007 – 2012
  • Barrister, 4 Pump Court (London), 2000 – 2007
  • Judicial Assistant, Court of Appeal for England and Wales, 2001

Education

  • City University, London, Inns of Court School of Law, Bar Vocational Course, Post-Graduate Diploma in Legal Studies 1999-2000
  • City University, London, CPE, Post-Graduate Diploma in Law 1998-1999
  • Oxford University, Exeter College, BA (Honours), English Language & Literature (Double First), Open Scholar, 1995-1998
  • Winchester College, Open Scholar, 1989-1994

Bar Admissions

  • BVI, Eastern Caribbean Supreme Court, 2021
  • England and Wales, Queen’s Counsel, 2018
  • England and Wales, Barrister, 2000
  • Bermuda, Barrister and Attorney,2008
  • Cayman Islands, Attorney-at-law 2005, 2020

Awards & Accolades

  • Recognised in the 2023 Edition (and since 2017) of Legal 500 Caribbean (dispute resolution)
  • Recognised in the 2022 edition of Chambers Global (Cayman Islands – dispute resolution)
  • Recognised in the 2022 edition (and since 2021) edition of Who’s Who Legal (restructuring and insolvency)
  • Recognised in 2021 edition (and since 2019) edition of Who’s Who Legal (insurance and reinsurance)
  • Recognised in the 2021 (and 2018) edition of Who’s Who Legal (arbitration)
  • Recognised in the 2020 Edition (and since 2019) of the Legal 500 Caribbean (insurance and reinsurance)
  • Recognised in 2019 edition of Who’s Who Legal (insurance and reinsurance)
  • Recognised  in the 2019 edition of Chambers Global (Bermuda) as Notable practitioner (Band 1) for ‘dispute resolution’
    Recognised in the 2018 edition of  Who’s Who Legal (arbitration)

Associations

  • Middle Temple (Astbury Scholar, Pegasus Scholar)
  • Bermuda Bar Association
  • Bar Council of England and Wales
  • INSOL International
  • RISA Bermuda (Committee Member)
  • RISA Cayman Islands (Legal and Regulatory Committee Member)
  • Cayman Islands Legal Practitioners Association
  • COMBAR (Commercial Bar Association of England and Wales)
  • Chancery Bar Association of England and Wales
  • Chartered Institute of Arbitrators

 

Publications

Conyers Coverage – Cayman Islands – Issue 6

‘The International Comparative Legal Guide to Corporate Recovery and Insolvency 2019’, Bermuda chapter, ICLG, (2019).

Bermuda Course Module, INSOL Foundation Certificate in International Insolvency Law (2019)

‘Bermuda: Back to the Future’, South Square Digest (July 2019)

‘Corporate Restructuring: Who is in Control? The balancing act between collective, class and individual rights’, Chancery Bar Association (May 2019)

‘Insolvency and Trusts: Bermuda chapter’, INSOL International E-Book (November 2018)

‘The International Comparative Legal Guide to International Arbitration 2018’, Bermuda chapter, ICLG, (2018).

‘The International Comparative Legal Guide to Corporate Recovery and Insolvency 2018’, Bermuda chapter, ICLG, (2018).

‘Investment Funds in Bermuda: Winds of Change’, IFC Caribbean Review 2018

‘Post Petition Dispositions and Validation Orders in Bermuda law’, International Corporate Rescue, Volume 13 (2016), Issue 6 (co-authored with Caitlin Conyers).

Directors’ Liability and Indemnification: A Global Guide (Globe Law and Business, 3rd edition, 2016), Bermuda chapter co-authored with Mark Chudleigh.

‘A Review of Recent Legal Developments in Bermuda’, The Journal of International Tax, Trust and Corporate Planning, Volume 23, Issue 2, pages 115 to 120 (2016).

Sedgwick LLP’s Offshore Professional Risks Newsletter (2016).

‘What is Mediation, and Should It Be Made Compulsory for Civil and Commercial Disputes in Bermuda’, Sedgwick White Paper (January 2016).

Bermuda Restructuring & Insolvency ‘Practice Notes’, Lexis PSL (2015 – 2019).

‘TIEAs in the Courts of International Financial Centres’, IFC Review 2015 (1 July 2015).