Marc Kish
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Newsletter
18 October 2022
Global
2 min read
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Litigation can hold a mirror to the social and economic circumstances in which we find ourselves.
As the macro-environment continues to be volatile and we see growing economic instability across the globe, we can expect to see an accompanying rise in disputes in the areas of insolvency, fraud, and fund collapses, among others.
Where we're heading into new terrain is in the specific format these disputes are taking, especially in the crypto disputes space.
Our BVI law team has been appointed to advise the joint liquidators of cryptocurrency hedge fund Three Arrows Capital Limited for example, in the first case of its kind. We've also seen courts needing to take innovative approaches to crypto litigation, including the BVI Court's decision to freeze crypto wallets where assets had been stolen.
Our global team in BVI, Cayman, Guernsey, Ireland and Jersey also recently contributed to a new global comparative guide on enforcement of judgments. You can read it here:Â Enforcement of Judgments in Civil and Commercial Matters
Enjoy In Your Court, and if you have any questions please get in touch with your regular Ogier contact or any member of our Dispute Resolution team.
Read In Your Court: Offshore Dispute Resolution Review online.
Ogier has been appointed to advise the joint liquidators of cryptocurrency hedge fund Three Arrows Capital Limited.
The cross-jurisdictional Ogier team is led by partners Justin Davis and Grant Carroll. They said: "Until recently, 3AC was one of the most prominent cryptocurrency hedge funds. Their liquidation highlights the extent of the credit crisis currently impacting the digital asset market. However, creditors of 3AC can rest assured that the joint liquidators are working diligently to ensure creditor interests are protected to the greatest extent possible." Read more.
In the recent decision in the matter of EEA Fund Management (Guernsey) Limited and EEA Life Settlements Fund PCC Limited v Coventry Capital US LLC, the Royal Court of Guernsey has restated and applied the principles applicable to the awarding of legal costs payable by one party to the other upon finalisation of the proceedings.
In this briefing, partner Mathew Newman and senior associate Nick Taitz summarise the key principles traversed and applied by the Royal Court. Read more.
The regulatory environment is increasingly complex and often challenging for regulated businesses.Â
In this latest guide, counsel Daniel Maine provides to-the-point overviews of several important aspects of JFSC investigations, and how companies should work with the regulator if they come under investigation. Read more.
In February this year, Chainswap Limited, a BVI incorporated company that provides for "cross-chain bridging" (the process of synthetically transferring cryptocurrency tokens between different blockchains) was hacked on at least one occasion. In the process, the hackers managed to steal a number of tokens from cryptocurrency "wallets". In an attempt to recoup the stolen assets and to repair its reputation, Chainswap sought urgent ex parte relief in the Commercial Court.
Of interest is that Chainswap never owned the stolen cryptocurrency tokens. It brought the proceedings in an effort to repair any damage to its reputation caused by the hack. Read more.
Â
Marc Kish
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Brian Lacy
Partner | Legal
British Virgin Islands, Jersey
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Partner | Legal
Dubai
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Sarah Latham
Managing Associate | Legal
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Romauld Johnson
Associate | Legal
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David Lim
Associate | Legal
British Virgin Islands
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British Virgin Islands, Ireland
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Partner | Legal
Cayman Islands
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Cayman Islands
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Marc Kish
Partner | Legal
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Cayman Islands
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Gemma Bellfield (nee Lardner)
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Cayman Islands
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Cayman Islands
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James Clifford
Consultant | Legal
Cayman Islands
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Rebecca Findlay
Managing Associate | Legal
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Cayman Islands
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Partner | Legal
Guernsey
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Guernsey
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Guernsey
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Nick Taitz
Senior Associate | Legal
Guernsey
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Justin Davis 戴正霆
Partner 合伙人 | Legal
Hong Kong
Partner 合伙人
Hong Kong
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Oliver Payne 彭奥礼
Partner 合伙人 | Legal
Hong Kong
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Hong Kong
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Michael Snape 石迈可
Consultant 顾问 | Legal
Hong Kong
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Hong Kong
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Maria On 安美怡
Counsel 顾问律师 | Legal
Hong Kong
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Hong Kong
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Shane Quinn 盛锟
Senior Associate 高级律师 | Legal
Hong Kong
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Partner | Legal
Ireland
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Ireland
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Ireland
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Ireland
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Ireland
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Ireland
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Partner | Legal
Jersey
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Jersey
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Cayman Islands
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Cayman Islands
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Oliver Passmore
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Jersey
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Jersey
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Nick Williams
Partner | Legal
Jersey
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Jersey
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Charlie Dessain
Associate | Legal
Jersey
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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
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London, Cayman Islands, British Virgin Islands
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Anna Snead
Counsel | Legal
London, British Virgin Islands, Cayman Islands
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