Mark J. Forte

Partner, Head of BVI Litigation & Restructuring and Office

British Virgin Islands | T +1 284 852 1113

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Mark Forte is Partner and Head of the British Virgin Islands office of Conyers. 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.

Jurisdiction

British Virgin Islands

Experience

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.

Expertise

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 2023 edition (and since 2010) of Chambers Global (dispute resolution)
Recognised in the 2023 edition (and since 2010) of Legal 500 Caribbean (dispute resolution)
Recognised in the 2023 edition (and since 2021) of Who’s Who Legal – Asset Recovery (Thought Leader Global Elite)
Recognised in the 2022 edition of Who’s Who Legal – GIR – Asset Recovery (Thought Leader)
Recognised in the 2022 edition of Who’s Who Legal – Commercial Litigation (Recommended)
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