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Alex Potts QC

Partner, Head of Cayman Islands Litigation & Restructuring

Recognition

Chambers Global 2020

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:

  • ‘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).

Experience Highlights

  • Siddiqui et al v. Athene Holding Ltd (Application for leave to appeal to the Privy Council) [2019] CA (Bda) 15 Civ (Application for leave to appeal to the Privy Council against interlocutory rulings)
  • Apex Fund Services Ltd et al v. Mathew Clingerman (as Receiver of Silk Road M3 Fund) [2019] SC (Bda) 74 Com (Application for interim anti-suit injunction)
  • Siddiqui et al v. Athene Holding Ltd [2019] CA (Bda) 12 Civ (Appeals to the Court of Appeal for Bermuda on jurisdiction, forum non conveniens, and applications to strike out claims alleging breach of confidence and breach of fiduciary duties)
  • In the matter of the A Trusts [2018] SC (Bda) 42 Civ (Trustees’ application for Court approval of a momentous decision to effect a corporate transaction, contested by beneficiaries)
  • S v T [2018] SC (Bda) 9 Civ (Court appointment of third arbitrator)
  • Chubb Bermuda v. Ford Motor Co [2017] SC (Bda) 88 Civ (Injunction to restrain misuse of privileged and confidential taxation information; implied undertaking; waiver)
  • In the matter of Opus Offshore [2017] SC (Bda) 14 Com (application to appoint provisional liquidators, competing nominations and competing winding up petitions)
  • Allied World Assurance Company Ltd & Ironshore Insurance Co Ltd v. MF Global Assigned Assets LLC & MF Global Holdings Ltd [2017] SC Bda 6 Com (Enforcement of arbitration agreement governed by Bermudian procedural law, anti-suit injunction, mandatory interim anti-suit injunction, restraint of Adversary Proceeding before US Bankruptcy Court)
  • Majuro Investment Corporation v. Timis et al [2015] SC (Bda) 87 Civ (application to set aside service outside of the jurisdiction of Bermuda; RSC Order 11, rule 1(1)(c), anchor defendant, and ‘necessary and proper party’ test; derivative actions under Bermuda law; standing of parties that are not registered shareholders; effect of insolvency and appointment of UK Administrators; failure to give full and frank disclosure)
  • Kingate Global Fund Ltd et al v. Kingate Management Ltd et al [2015] SC (Bda) 65 Com (trial of preliminary issues; Funds’ claims against investment manager for restitution of management fees in context of Madoff ‘Ponzi’ scheme; unjust enrichment; mistake; contractual entitlement; final and binding status of NAV determinations; fraud or manifest error)

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

  • 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 2020 edition of Chambers Global (Cayman Islands – dispute resolution)
  • Recognised in the 2020 Edition (and since 2017) of Legal 500 Caribbean (dispute resolution)
  • 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)
  • COMBAR (Commercial Bar Association of England and Wales)
  • Chancery Bar Association of England and Wales
  • Chartered Institute of Arbitrators

 

‘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).