When dealing with disputes related to funds and their management, count on Conyers to provide sound strategic advice, decisive response, top-quality negotiation and – where required – outstanding advocacy in your best interests.

The increase in fund-related disputes is a common feature of the international commercial landscape, whether arising from trading losses, illiquidity, erratic evaluation or simple mismanagement. Typical problems include failures by funds to operate their redemption mechanisms properly, breach of contract claims, valuation disputes, minority shareholder issues and insolvency-related issues.

We provide Bermuda, BVI and Cayman Islands advice from our offices in those jurisdictions and in London, Singapore and Hong Kong, operating around the clock as one team to provide you with real-time advice and solutions across jurisdictions and time zones.

Your Conyers team includes lawyers with extensive experience representing domestic and global investment funds, funds and asset managers in a variety of dispute resolution matters including UCITS, QIAIFs, REITs, hedge funds, private equity funds, loan funds and real estate funds. We advise office holders, directors, auditors, investment managers, shareholders and creditors, as well as defending those needing to resist unfounded claims.

Our experts advise on dispute resolution associated with all types of funds, including corporate funds, limited partnerships, unit trusts, regulated mutual funds, closed-ended funds and private equity funds.

Highlight Cases

  • Acting for the trustee of a large trust involved in multi-jurisdictional, multibillion-dollar disputes.
  • Applying to the Bermuda Court to dis-apply the rule against perpetuities and extend the duration of a trust, including preparing the affidavit, deed of variation and supporting documents. This case is an example of the streamlined process under Bermuda law to extend the duration of an older trust.
  • Advising in a US$100 million case involving a group of investors on their rights and potential recovery action, including breach of trust claims, claims against the investment manager and administrator of the fund.
  • Acting for the minor and unborn beneficiaries a Cayman Islands trust in relation to a Beddoe application issued by the Cayman trustee in respect of two sets of US proceedings which affects the administration of the trust and the trust property.
  • Acting for the protector in relation to a Cayman trust, including advising on issues arising from a beneficiary’s distribution requests, the protector’s duties and the distribution committee’s role and responsibilities.

Contacts

Mark J. Forte

Partner, Head of BVI Litigation & Restructuring and Office

British Virgin Islands

Erik Bodden

Partner, Co-Head of Cayman Islands Litigation & Restructuring

Cayman Islands

Jonathon Milne

Partner, Co-Head of Cayman Islands Litigation & Restructuring

Cayman Islands

Mark Yeadon

Partner, Hong Kong Head of Disputes and Restructuring

Hong Kong

Jordan McErlean

Senior Associate

Cayman Islands

Tonicia Williams

Senior Associate

Cayman Islands

All Fund Disputes Contacts