Mark J. Forte

Mark Forte is Partner and Head of the British Virgin Islands office of Conyers Dill & Pearman. He specialises in complex cross-border litigation and contentious cross-border insolvency, and is recognised for his emergency interim relief work and considerable insolvency experience. Mark also advises foreign states, government agencies and liquidators on international asset tracing measures.

A frequently appearing advocate in some of the jurisdiction’s leading cases, Mark has over 25 years of litigation experience, starting his professional career as a barrister at 8 King Street Chambers in Manchester, England in 1989 and teaching contract on the Bar Vocational Course at Manchester University. Since joining Conyers in 2004 to launch the BVI Litigation and Restructuring practice, he has grown the team to include seven experienced solicitors and barristers, all based in the BVI.

Globally recognised for his expertise, Mark has been ranked for the last 7 years as Tier 1 in his practice area in Chambers Global, as well as in Legal 500 and Who’s Who Legal, and the Citywealth Leaders List. A respected speaker, Mark has appeared as a panelist at COMBAR (UK), INSOL, C5 and the Russian Arbitration Association, as well as other international conferences. He also previously served on the editorial board of INSOL World, and is currently a director of BVI International Arbitration Centre.

Experience Highlights

• Eastern Caribbean Court of Appeal dismisses appeal brought by Olive Group in a welcome underlining of limited basis on which Court can interfere in the appraisal mechanism and determination of minority discount when considering minority squeeze out provisions
• Acting for claimants seeking rectification of a BVI share register in a claim worth several hundred million
• BVI Commercial Court issues judgment on specific disclosure and privilege arguments – Barclays Bank plc v Red Oak Operations Ltd
• BVI Commercial Court issues judgment on test for challenging conduct of liquidators in the course of their duties.
• Currently acting for JSC NAC Kazatomprom to bring claims in BVI against former management for recovery of assets claimed in hundreds of millions.
• Represented Pacific China Holdings Limited in a landmark case, successfully appealing the order of the Commercial Court wherein it was held that the court did not have the jurisdiction to order a petitioning creditor to bear the liability of the remuneration incurred by liquidators, where their appointment was subsequently set aside. Prior to this decision, there were no reported cases in the jurisdiction or abroad which dealt comprehensively with the question of liability for liquidator’s remuneration in such circumstances.
• Advised French food products company Danone in one of the largest value receivership cases in BVI’s history, providing advice on BVI law elements of the global dispute and ultimate settlement.
• Acted for JSC BTA Bank in its continued efforts to recover assets in its various court actions against Ablyazov, including the successful appeal that reaffirmed the parameters under which the duty of a registered agent in the BVI to disclose information under Norwich Pharmacal principles arises. Further acted for the same bank in numerous injunction applications before the BVI court relating to international litigation against Ablyazov and others.
• Acted for the former directors of Yukos in successfully resisting attempts to appoint a receiver as part of an attempt to recover assets brought by Rosneft in the BVI courts and on appeal. The decision confirmed the new jurisdiction to grant free standing injunctive relief.
• Acted on numerous occasions for Russian banks in attempts to secure injunctive relief on an ex parte basis.
• Completed acting for a German-listed company in the longest running trial experienced in the BVI concerning shareholder relief and oppression arguments.

Professional Background

• Chambers at 8 King Street, Manchester

Education

• Inns of Court School of Law, London
• Manchester Metropolitan University, LLB (Hons), England

Bar Admissions

• British Virgin Islands, 2004
• N.Ireland, Barrister, 1996 (not currently practising)
• England, Barrister, 1989 (not currently practising)

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