We are frequently involved in leading international litigation work in the Cayman Islands and have acted in many of the reported cases. Our advocates appear in the Grand Court, the Cayman Islands Court of Appeal and the Privy Council. We have acted in high profile disputes and insolvencies, including some of the largest insolvencies seen in the Cayman Islands.
Our client base spans the world and includes foreign states, financial institutions, FTSE 100 and Fortune 100 companies, multinationals, private equity and hedge funds, trust companies, insolvency practitioners accountancy firms and high net worth individuals. Through our demonstrated experience in many of the region’s leading cases, our clients continue to turn to us for timely strategic advice in their complex cross-border matters involving commercial litigation, shareholder disputes, emergency interim relief, as well as insolvency and restructuring matters involving schemes of arrangement, liquidation and asset tracing.
Commercial Litigation & Dispute Resolution
Conyers has acted in some of the largest litigation and dispute resolution matters in the Cayman Islands. Our team is well-placed to advise on commercial disputes including seeking emergency interim relief (such as injunctions and appointment of receivers). We regularly act on contentious shareholder matters, as well as shareholder disputes, particularly those arising out of breach of shareholder agreements/minority oppression situations. In addition, we advise clients on contentious trust disputes, and are regularly involved in arbitration and mediation matters in international and domestic contexts.
Corporate & Commercial Litigation
Conyers has acted in numerous leading commercial litigation matters involving banks, listed companies, private companies and individuals. We regularly advise on banking & contractual disputes, insurance, warranty claims and professional negligence.
Conyers has acted in prominent trust disputes and leading cases in the field and regularly receives major instructions on contentious trust and probate matters. Through our network of international offices and long-standing contacts with leading intermediaries worldwide, our Cayman team has advised high net worth individuals, business owners, entrepreneurs, many of the world’s wealthiest families and institutional trustees and their advisers, banks and charitable entities.
Shareholder & Corporate Disputes
Our lawyers advise on highly complex shareholder disputes, particularly those arising out of breach of shareholders’ agreements/minority oppression situations. We also represent clients in contentious shareholders’ meetings such as those convened for the purpose of changing the formation of the board.
Emergency Interim Relief
Conyers’ Cayman team is recognised for its expertise in seeking emergency interim remedies and reliefs such as injunctions, appointment of receivers, orders or awards for the production of evidence and the preservation of the status quo.
Arbitration has been a growth area in recent years due to the new Arbitration Law and its comprehensive regime for the recognition of awards and the granting of interim measures. We are often involved in cases concerning the recognition of arbitral awards and the use of such awards to form the basis of a petition to appoint liquidators over a Cayman company. Conyers’ team, with its previous expertise, and lawyers who are fellows or members of the Chartered Institute of Arbitrators, are positioned to offer the depth and credible advice required in such matters.
We work with a wide range of industry sectors assisting not only global businesses but medium and small companies to address local and cross-border employment issues. From recruitment to retirement, we provide seamless and integrated advice to help clients anticipate and avoid problems, as well as deal effectively and sensitively with local issues and conditions. Our attorneys are also well-versed in facilitating the movement of people and work around the globe — from executive relocations to outsourcings as well as the implementation of global restructuring.
Our team of regulatory attorneys combine in-depth knowledge and understanding of regulated businesses and the relevant regulatory requirements and processes. We advise a complete range of clients on managing, resolving and avoiding disputes and regulatory action. We advise clients in a number of ways, from regulatory enforcement actions, investigations (to include information requests) and formal disciplinary cases, through to commercial disputes and large-scale litigation.
In addition, we frequently advise on:
- Bank confidentiality (money laundering, counter-terrorism, regulatory requirements)
- Cross-border information requests/exchanges (whether regulatory or otherwise)
- Data protection and record retention
- Money Laundering and Anti-Terrorism legislation
Insolvency & Restructuring
Our leading insolvency & restructuring practice has been involved in the largest insolvencies in the Cayman Islands in recent years. It advises on complex, multinational and cross-border matters including assisting liquidators in asset tracing claims and providing legal expertise in contentious insolvency matters. We have particular expertise in shareholder and creditor schemes of arrangements for both solvent and insolvent companies.
We act in a variety of liquidation cases working directly with liquidators, as well as directors, regulators, investors and creditors on all aspects of conventional insolvency.
Fraud & Asset Tracing
Conyers’ Cayman team regularly provides assistance to onshore law firms with their corporate fraud and asset tracing claims matters. We provide leading expertise in asset recovery/enforcement, investigations, money laundering, bribery and corruption, as well as cross-border cooperation, data protection and confidentiality.
Schemes of Arrangement
Our lawyers are often sought for their strategic advice in developing schemes of arrangements for shareholders and creditors in both solvent and insolvent companies. We advise leading onshore legal and accounting practices and restructuring & insolvency firms in major financial centres around the world.
Dissenting Shareholder Applications in the Cayman Islands
The Cayman Islands has recently seen a flurry of merger activity, in many instances as a result of listed entities seeking to engage in ‘go private’ deals involving companies incorporated in the jurisdiction. The statutory merger and consolidation process set out in Part XVI of the Companies Law (2016 Revision) (the Law) is an attractive and increasingly well-used option for effecting such deals. However, as a result of an increase in the number of shareholders willing to exercise their rights under the shareholder appraisal rights regime set out in Section 238 of the Law, such deals are also resulting in an increase in litigation before the Grand Court of the Cayman Islands.
Applications under Section 238 can raise a variety of complex issues. The Court appraisal process involves an in-depth forensic analysis of the company’s financials, its projections and a detailed and thorough consideration of expert evidence. It is a very different exercise from the typical fair value opinion exercise, which will ordinarily have been carried out by a financial adviser prior to the merger.
Conyers’ litigation team in Cayman is well-placed to advise parties involved in a situation where shareholders wish to dissent. Our attorneys can advise the company, the Special Committee, lenders and shareholders in dissent proceedings.