Mark J. Forte

Overview

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 ten 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 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

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.
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.
Completed acting for a German-listed company in the longest running trial experienced in the BVI concerning shareholder relief and oppression arguments.

Qualifications

Professional Background

Chambers at 8 King Street, Manchester

Education

Harvard Business School Online, Disruptive Strategy
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)

Awards & Accolades

Recognised in the 2022 edition (and since 2010) of Chambers Global (dispute resolution – Band 1)
Recognised in the 2021 edition (and since 2010) of Legal 500 Caribbean (dispute resolution)
Recognised in the 2021 edition of Who’s Who Legal Thought Leaders Global Elite – Asset Recovery
Recognised in the 2020 edition (and since 2010) of Who’s Who Legal (Restructuring & Insolvency)
Recognised in the 2020 edition (and 2019) of Global Restructuring Review 100
Recognised in the 2018 edition (and 2011 – 2016) of the CityWealth Leaders List
Recognised in the 2015 edition of Legal Media Groups’ Expert Guides (insolvency and restructuring)
Recognised in the 2009 edition of IFLR1000 (corporate and finance)

Associations

Member, RISA local insolvency professionals association
Honorary member, COMBAR (North American Group)
Member, Chancery Bar Association
Regional Chair (Caribbean offshore) for the INSOL International Channel Islands Seminar 2014

Publications

The Legal 500: International Arbitration Country Comparative Guide, BVI, 2021

The Legal 500: International Arbitration Country Comparative Guide, BVI, 2020

Offshore Cases

Calm After the Storm – BVI Gets Back to Business, The Lawyer, September 2018

“Submission to Jurisdiction in Insolvency Claims and Availability of Cross-border Anti-suit Relief” INSOL World, First Quarter 2015

“The Offshore Perspective: Five Fundamental Questions for a Liquidator”, The Journal of Corporate Renewal, May 2014

“Small Practices and Consumer Debt Issues – British Virgin Islands”, INSOL International, February 2014

“Professional Director’s Duties in BVI Companies”, INSOL World, Fourth Quarter 2013

“Registered Agents: More than Mere Onlookers”, The Lawyer, April 2011

Area(s) of Expertise

Legal Services

Asia Disputes & Restructuring
BVI Litigation & Restructuring
Litigation & Restructuring
Restructuring

Featured Content

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