Overview

We are at the forefront of cross-border litigation and contentious and non-contentious restructuring in our practice areas providing an international perspective alongside in-depth local expertise.

We put a premium on teamwork and understand the importance of working closely with our clients, co-counsel and colleagues across other departments and offices to provide you with the best possible outcome.  We act for both plaintiffs and defendants and debtors and creditors allowing our team to provide a 360 view on strategy.

Our lawyers are experienced advocates and appear at all levels of the court system and arbitration processes.

Appraisal Rights & Merger Litigation

The Cayman Islands merger regime contains appraisal rights for dissenters permitting shareholders who dissent from a merger to apply to the Court to determine the fair value of their shares.  This is a relatively new and evolving jurisprudence in a highly technical area involving complex valuation evidence.

We have unparalleled experience in this area.  Our lawyers have acted either on the dissenter or company side in every fair value trial which has come before the Cayman Islands Court to date and we are currently acting in the majority of petitions currently before the Cayman Islands Court.

Recent cases include:

  • Nord Anglia Education (acting for the Petitioning Company)
  • Zhaopin Limited (acting for the Petitioning Company)
  • Xiaodu Life Technology Limited (acting for the Petitioning Company)
  • E-House China Holdings Limited (acting for the Petitioning Company)
  • E-Commerce China DangDang Inc. (acting for the Petitioning Company)
  • Shanda Games Limited (acting for the Dissenters)
  • Integra Group (acting for the Dissenters)

Civil Fraud & Asset Tracing

Our lawyers are experienced in dealing with civil and equitable fraud claims, allegations of unlawful conduct against directors and allegations of money laundering.  Often such allegations form part of a shareholder's claim for minority oppression, an application to appoint provisional liquidators or injunctive relief.

We also have significant experience in actions taken to preserve property and restrain unlawful dealings in assets, for example, by obtaining (or defending) freezing and disclosure injunctions.  We often work with investigators and forensic accountants to identify assets subject to litigation and to adopt strategies to have them retained pending the outcome of a case.

Construction Litigation

Our market leading Dispute Resolution team regularly advises the construction industry in Ireland, the UK and other jurisdictions, including public and private sectors.

Given the nature of construction disputes, arbitration is frequently the preferred dispute resolution mechanism.  We have significant expertise in this area in addition to expert determination, mediation, adjudication and, particularly, conciliation.  In all of these cases, we perform our own advocacy, obviating the need for outside counsel.

Corporate Restructuring & Insolvency

Our Corporate Restructuring & Insolvency team has a preeminent track record.  Whether acting for distressed debtors, institutional lenders or investors, liquidators or other court appointed officers, our team delivers creative solutions to complex problems in multiple jurisdictions.

Often this involves close coordination with overseas counsel in the world's leading financial centres and, where necessary, facilitating cooperation between the relevant courts.

From consensual restructurings and rehabilitations, to contentious and non-contentious insolvency proceedings, we continue to be recognised as a market leader and have acted in countless high profile collapses and crisis events across the globe.

Disputes

The management of risk and the efficient, effective resolution of disputes is a core part of business strategy.  Our global litigation practice focuses as much on strategies designed to avoid disputes and mitigate risk as it does on active dispute resolution procedures.

Our lawyers practise British Virgin Islands, Cayman Islands and Irish law and provide support and assistance in respect of proceedings in numerous other jurisdictions around the world, where we have valued relationships with the leading international law firms.

Our areas of specialisation include:

  • Banking disputes
  • Commercial property disputes
  • Construction and engineering disputes
  • Corporate and commercial disputes
  • Employment and corporate disputes
  • IP and technology disputes
  • Product liability
  • Professional negligence
  • Public sector and government
  • Trust litigation

Arbitration, Mediation & Alternative Dispute Resolution

Our global Dispute Resolution team is able to provide meaningful and focused advice on a number of alternatives to litigation which provide our clients with optimum solutions for effective dispute resolution in commercial matters.

Our team has extensive experience across a broad range of alternative dispute resolution solutions and their successful application in a variety of industry sectors, in addition to familiarity with international arbitration conventions and rules.

Our lawyers frequently deal with arbitration clauses contained within commercial contracts, and we advise on the meaning and effect of such clauses, the enforcement of arbitration awards and the conduct of arbitrations.

Where appropriate, we recommend and participate in mediation and other forms of alternative dispute resolution, such as settlement meetings and bidding mechanisms.

We perform our own advocacy service in such proceedings, saving our clients the cost of hiring counsel to present their cases.  We also provide expert testimony on matters of British Virgin Islands and Cayman Islands laws for use in foreign arbitrations.

Commercial Disputes

Our lawyers have a proven track record of success and extensive expertise in complex, high value commercial litigation advising on every type of business dispute across all industry sectors.

We focus as much on strategies designed to avoid disputes and mitigate risk as we do on active dispute resolution procedures.  We have a reputation for being formidable opponents and smart litigators and use our experience to facilitate your business objectives.

Corporate & Shareholder Disputes

Acting for directors, shareholders and companies across the entire range of corporate and shareholder disputes is a core part of our practice.  We have extensive expertise in advising listed companies on activist investors, dealing with contentious board matters and advising on breaches of shareholder agreements and constitutional documents.

Insurance & Professional Negligence Disputes

Our dedicated Professional Negligence team has extensive experience in handling high value and complex professional negligence disputes.  We combine an in-depth knowledge of the professions for which we act with knowledge and understanding of the professional indemnity insurance market and policy wordings.  Our team performs its own advocacy, where possible and appropriate, thereby ensuring a continuity of service not available at other commercial law firms.

We have acted for many of the leading professional indemnity insurers and brokers.  We also act in relation to coverage disputes on notification and other policy issues that may arise between insurer and insured.

In addition, we handle claims for and against a wide variety of professionals, including accountants and auditors, insurance brokers and underwriters, financial institutions, IT professionals, investment advisers, solicitors and construction professionals (including engineers, architects, property valuers and surveyors).

Investment Fund Disputes

We are leaders in the field of investment fund disputes.  Our litigation and investment funds lawyers work hand in hand on:

  • Advising funds and their directors on winding down or restructuring funds' affairs
  • Assisting creditors, investors, liquidators and service providers in contentious fund liquidations and parallel foreign bankruptcy and regulatory proceedings
  • Advising on disputes on subscription terms and the interpretation of side letters
  • Acting for funds and service providers on NAV mispricing cases, audit / administrator negligence disputes and claims against directors
  • Acting for leverage providers and counterparties to distressed funds

Property Disputes

Our team has experience in a wide range of commercial property matters.  We act for clients with diverse property interests, from property developers to businesses with multiple leaseholds to building companies.

We have significant expertise in advising developers and contractors in relation to rights of access and basis of possession tenants and landlords in relation to issues concerning commercial rent review clauses.

Employment

Our lawyers deal with all legal aspects governing the employment relationship.  We advise employers on both contentious and non-contentious employment related issues.

We have significant experience in providing advice on all issues such as drafting and negotiating contracts of employment and workplace policies, advising on the procedures required for successfully completing a disciplinary or grievance procedure, advising employers on the Transfer of Undertakings Regulations especially where the employer is part of a complex group structure, advice on redundancy and workplace restructuring.

For more information on our full range of employment services, please click here

Enforcement of Judgments & Arbitral Awards

We advise on all steps required to recognise and enforce a foreign judgment or arbitral award in the British Virgin Islands, the Cayman Islands and Ireland either at common law or under statute.

Lender Enforcement

We are frequently engaged to deal with enforcement of creditors' rights in respect of secured debt.

Security enforcement often involves taking steps to enforce share mortgages, or floating / fixed charges and charges over land.  The rules and procedures for enforcement in the British Virgin Islands, the Cayman Islands and Ireland can differ significantly from those in other jurisdictions, particularly the US.

Procurement, Public Sector & Government

Our team has developed significant expertise with regard to the particular needs of the public sector pertaining contentious matters.

In the construction sector, we have acted for a number of public authorities in respect of litigation arising from public projects.  We are also experienced in advising on public procurement issues, both in the public and private sector.

Our Finance and Banking teams work closely with our Dispute Resolution & Insolvency team, ensuring that you benefit from strategic litigation and disputes advice, founded on extensive experience and expertise of our banking practice.  In particular, we have acted for public authorities on matters involving construction litigation and with the National Asset Management Agency in Ireland on a number of enforcement matters.

Regulatory

Risk management and regulatory compliance principles are constantly changing, internationally and locally.  To protect your commercial reputation and viability, such matters need to be handled competently, efficiently and sensitively.  As the powers, responsibilities and reach of regulators increase, so does the need to ensure your understanding of your obligations and, more importantly, your rights.

Our Regulatory & Compliance group has unrivalled experience in the regulatory, disclosure, enforcement and anti-money laundering fields.  We distill technical issues while maintaining a commercial focus.  We have optimal relationships with key referring firms in the major global centres and regularly advise governmental agencies.

Trust Litigation

We act hand in hand with our colleagues in the Trusts & Private Client group for trustees, beneficiaries, protectors and other office holders within trust structures in respect of a wide variety of disputes concerning family trusts, unit trusts and charities.

We regularly appear before the British Virgin Islands and Cayman Islands Courts on behalf of major institutional trustees on complex trustee direction applications and have assisted and advised protectors and beneficiaries involved in (or who are contemplating bringing) proceedings before these Courts.  We have also acted in proceedings to restructure trusts and charities.

Locations

British Virgin Islands   |   Cayman Islands   |   Dublin   |   Hong Kong   |   London
*
*
*
*

Please note that your email may be received and read by other Maples and Calder lawyers in addition to your intended recipient.

Documents download request

Please enter your name and email address in order to download the document(s):

*
*

View our privacy policy

Thank you!

We have recieved your details.
*
*
*
*

Please note that your email may be received and read by other Maples and Calder lawyers in addition to your intended recipient.

Announcements

Maples Group Expands Leading Regulatory Expertise

In response to the increased volume of local and global regulatory laws, Maples and Calder, the Maples Group's law firm, is pleased to announce the recent expansion of its global Regulatory group.  

26 Sep 2019

Read more

Announcements

Three Maples Partners Named Among "50 Leading Women in Hedge Funds"

Three partners from Maples and Calder, the Maples Group's law firm, were honoured: Gwyneth Rees, Harjit Kaur and Heidi de Vries.

25 Sep 2019

Read more

Announcements

Maples Associate a "Rising Star" in Trusts & Private Client Industry

 Legal Week has identified Cayman Islands Trusts & Private Client lawyer, Maxine Bodden, as a "Rising Star" in its Private Client Global Elite Directory 2019. 

24 Sep 2019

Read more

Deals

Maples Group Supports First US CLO Employing a Cayman Islands LLC

The $US 501 million deal was hugely novel as it was the first ever US CLO transaction to employ a Cayman Islands LLC as its issuer. 

09 Sep 2019

Read more

Announcements

Maples Group Expands Shipping Expertise with Strategic Hires in Asia

The Maples Group is pleased to announce the expansion of its global Shipping team with the appointments of a number of strategic hires in Asia.

 

29 Aug 2019

Read more

Announcements

Maples Group Jersey Expands to New Office Location

The Maples Group is pleased to announce that due to the growth of its business in Jersey, it has relocated its offices.

21 Aug 2019

Read more

AWARDS

Offshore Law Firm of the Year

ALB Hong Kong Law Awards

Offshore Law Firm of the Year

China Law & Practice Awards

Energy Deal of the Year

The M&A Advisor Awards

Restructuring of the Year ($1B - $5B)

The M&A Advisor Awards

Innovation in Cross-border Insolvency and Restructuring

Global Restructuring Review Awards

Best Overall Offshore Law Firms for China Work

China Business Law Journal

Connect

Want to get in touch ?

Contact Us