Marc Kish
Partner | Legal
Cayman Islands
Marc Kish
Partner
Cayman Islands
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Funds Disputes
When funds disputes arise, they are often complex and high value. You need advisers who understand the often highly technical and nuanced legislation in their jurisdictions inside out.
In volatile financial markets, investors wish to extract their investments from funds which are underperforming.
We have advised on disputes relating to failures by funds to operate their redemption mechanisms in accordance with agreed terms, as well as breach of contract claims, valuations disputes, minority shareholder issues and matters relating to insolvency.
Funds Disputes services
Our team's expertise covers:
- valuation disputes, including expert determination where appropriate
- matters where investors/creditors are seeking to enforce security against an insolvent fund
- advising investors, creditors, funds, boards of directors (including both executive and non-executive directors), investment managers, investment advisors, custodians of fund assets and advisors on a full range of claims that can be advanced by them against others associated with a fund and on defences that might be available where a person or entity associated with a fund is under attack.
- minority shareholder, derivative and unfair prejudice claims that might be available against a fund and those associated with it
- advising funds and their directors or General Partner and Limited Partners in relation to regulatory issues that can be raised against them
- advising on the scope and applicability of exculpations and indemnities in fund and management documents, as well as advancement provisions
Key contacts
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Jennifer Fox
Partner | Legal
Cayman Islands
Jennifer Fox
Partner
Cayman Islands
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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Jeremy Snead
Partner
London, Cayman Islands, British Virgin Islands
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Gemma Bellfield (nee Lardner)
Partner | Legal
Cayman Islands
Gemma Bellfield (nee Lardner)
Partner
Cayman Islands
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Brian Lacy
Partner | Legal
British Virgin Islands, Jersey
Brian Lacy
Partner
British Virgin Islands, Jersey
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Nicholas Brookes
Partner | Legal
British Virgin Islands
Nicholas Brookes
Partner
British Virgin Islands
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Mathew Newman
Partner | Legal
Guernsey
Mathew Newman
Partner
Guernsey
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Oliver Payne 彭奥礼
Partner 合伙人 | Legal
Hong Kong
Oliver Payne 彭奥礼
Partner 合伙人
Hong Kong
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Nick Williams
Partner | Legal
Jersey
Nick Williams
Partner
Jersey
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Audrey Bertolotti
Partner | Legal
Luxembourg Legal Services
Audrey Bertolotti
Partner
Luxembourg Legal Services
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Ronan McGoldrick
Partner | Legal
Ireland
Ronan McGoldrick
Partner
Ireland
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Examples of work
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27 March 2024 | 1 min read
Lengthy Abraaj trial defending a multi-million dollar fraud claim draws to a close
Jennifer Fox
Team: Rebecca Findlay, Farrah Sbaiti, James Clifford, Victoria King, Jessica-Leigh Knowles, Ghita Moyle, and 3 more
Cayman Islands
Case
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17 February 2023 | 1 min read
Ogier the go-to firm for crypto disputes with appointment to represent liquidators of FTX Digital Markets
Justin Davis 戴正霆
Team: Brian Lacy, Oliver Payne 彭奥礼
British Virgin Islands, Hong Kong
Case
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17 February 2023 | 1 min read
加密货币纠纷的法律顾问首选——奥杰获任命担任 FTX Digital Markets清盘人的法律顾问 Ogier the go-to firm for crypto disputes with appointment to represent liquidators of FTX Digital Markets (Simplified Chinese)
Justin Davis 戴正霆
Team: Brian Lacy, Oliver Payne 彭奥礼, Sophie Zhong 钟小辉, Kelvin Cheung 张肇轩
British Virgin Islands
Case
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17 February 2023 | 1 min read
仮想通貨訴訟屈指の法律事務所オジエ、FTX Digital Markets の清算人代表を受託 Ogier the go-to firm for crypto disputes with appointment to represent liquidators of FTX Digital Markets (Japanese)
Justin Davis 戴正霆
Team: Oliver Payne 彭奥礼, Brian Lacy, Sophie Zhong 钟小辉
British Virgin Islands, Hong Kong
Case
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8 July 2022 | 1 min read
Cross-border Ogier team advises joint liquidators appointed over cryptocurrency hedge fund Three Arrows Capital Limited
Justin Davis 戴正霆
Team: Sarah Latham, Maria On 安美怡, Alan Wong 黄伟麟, Shane Quinn 盛锟, Romauld Johnson, James McDermott
British Virgin Islands, Hong Kong
Case
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20 December 2019 | 1 min read
Ogier's Guernsey teams demonstrate strength in complex, cross-border transactions through 2019
Martyn Baudains
Team: Simon Davies, Gavin Ferguson, Christopher Jones, Mathew Newman, Bryon Rees
Guernsey
Deal
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25 April 2019 | 1 min read
Guernsey's Court of Appeal vindicates Carlyle Group after nine-year dispute worth nearly $2 billion
Simon Davies
Guernsey
Case
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10 October 2018 | 7 min read
Cayman Islands Court of Appeal overturns antisuit injunction in favour of Argyle Funds SPC Inc
Jennifer Fox
Team: Rachael Reynolds KC, Marc Kish
Cayman Islands
Case
Our team
Funds Disputes
"The blend of experience in complex international disputes and the team's ability to grasp novel technical issues really sets Ogier apart"
Legal 500, 2023
News and insights
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30 September 2024 | 1 min read
New partner Sarah Thompson joins Ogier's BVI office
News
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4 September 2024 | 1 min read
Ogier expands regulatory offering with new global head
News
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28 August 2024 | 1 min read
奥杰（Ogier）香港的争议解决专家被评为亚洲的行业领导者
Oliver Payne 彭奥礼
Team: Justin Davis 戴正霆, Joanne Collett 高頌恩, Edwin Gomez
Hong Kong
News
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22 August 2024 | 2 min read
Ogier's dispute resolution experts in Hong Kong recognised as industry leaders in Asia
Oliver Payne 彭奥礼
Team: Justin Davis 戴正霆, Joanne Collett 高頌恩, Edwin Gomez
Hong Kong
News
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15 August 2024 | 6 min read
Admissibility of prior judgments: the rule in Hollington v Hewthorn in Abraaj-related trial in the Cayman Islands
Rebecca Findlay
Team: Jennifer Fox, James Clifford
Cayman Islands
Insight
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14 August 2024 | 4 min read
Discovery Series: The Cayman court confirms the approach to be taken for navigating privilege in discovery reviews
Jessica-Leigh Knowles
Cayman Islands
Insight
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3 June 2024 | 1 min read
Trusts and estates expert Deborah Barker Roye promoted to partner
News
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2 May 2024 | 1 min read
New partner Joanne Collett joins Ogier's Hong Kong office
News
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6 March 2024 | 5 min read
The latest developments in crypto insolvency: an update on Three Arrows
Nicholas Brookes
Team: Romauld Johnson
British Virgin Islands
Insight
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