Alex Potts

Alex Potts

Sedgwick LLP

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The International Comparative Legal Guide to International Arbitration 2014: A practical cross-border insight into international...

Bermuda - 1 Arbitration Agreements: 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of Bermuda? Other than requiring that it must be in writing, Bermuda’s...more

8/1/2014 - Arbitration Arbitration Agreements Arbitration Awards Choice-of-Law Confidentiality Contract Drafting Cross-Border Enforcement Evidence International Arbitration Jurisdiction Remedies Rules of Civil Procedure Tribunals

Corporate Recovery and Insolvency in Bermuda

1 Issues Arising When a Company is in Financial Difficulties - 1.1 How does a creditor take security over assets in Bermuda? Bermuda is a self-governing British Overseas Territory. The systems of law...more

7/9/2014 - Creditors Debtors Foreign Corporations Foreign Jurisdictions

Interaction fo Trustee Indemnities and Liability Insurance

When a trustee is sued for breach of trust and claims against his professional indemnity insurers, questions often arise as to the extent to which the trustee must first pursue any other rights of indemnity (for example...more

4/18/2014 - Estate Planning Liability Insurance Trustees Trusts

Round-up of Recent Decisions Relevant to Trustee and Protector Liability and Indemnities

There continue to be an increasing number of offshore Court judgments considering the nature and extent of an offshore trustee’s liability to third parties (including third parties in foreign jurisdictions), and the rights of...more

4/18/2014 - Estate Planning Trustees Trusts

Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

4/17/2014 - Cyber Attacks Cybersecurity Data Protection Electronically Stored Information Foreign Jurisdictions

Offshore Lawyers' Liability: Recent Developments

Offshore lawyers (including international “offshore magic circle” firms, sole practitioners, high street firms, and boutique practices) are exposed to significant risks in the course of their work, particularly in the...more

4/17/2014 - Attorney Malpractice Law Practice Management Negligence Professional Liability Risk Assessment Risk Management

Cayman Islands: Contracts (RIghts of Third Parties) BIll 2014

Cayman’s Parliament is expected to enact a new Law that will give third parties who are conferred benefits under a contract, but who are not a party to it, the right to enforce the contract’s terms for their own purposes. ...more

4/16/2014 - Contract Drafting Third-Party Risk

Cayman Islands: Directors' Duties

The Cayman Law Reform Commission has issued a consultation paper on proposed legislative changes that could see a codification of directors’ duties, as is now the case in the UK. While recognizing the existing common law...more

4/16/2014 - Board of Directors Corporate Governance

Cayman Islands: Beneficial Ownership Register

The Cayman Islands government has recently concluded a consultation on a proposal to introduce a public register of the beneficial owners of Cayman-registered entities. The proposal has not been well received. The government...more

4/15/2014 - David Cameron Shareholders Taxation Transparency UK

Hong King: Companies Ordinance 2014 and Directors' Duties

A new Companies Ordinance (CO) came into effect in Hong Kong on 3 March 2014, which introduced a number of changes to the law on directors’ duties. ...more

4/15/2014 - Companies Ordinance D&O Insurance Directors Duty of Care Hong Kong Indemnification Liability Negligence

Which Courts Have Jurisdiction to Deal with Claims Against Offshore Trustees?

There have been a number of cases decided recently by offshore Courts (particularly in Jersey and Bermuda), in which the Courts have had to consider the scope of their jurisdiction to determine disputes relating to trusts...more

4/14/2014 - Cross-Border Estate Planning Jurisdiction Trustees

Litigation Funding in the Offshore World

Offshore litigation of claims against professionals may have entered a new era. Numerous recent decisions have blessed the use of commercial litigation funding and confirm that it should not offend rules against champerty...more

4/14/2014 - Litigation Funding Professional Liability

Offshore Fund-Related Litigation

Litigation against directors, officers and professional service providers, following the collapse of offshore funds and collective investment schemes such as Madoff and Weavering, continues to proceed in a variety of...more

4/11/2014 - Bernie Madoff Corporate Officers Directors HSBC JPMorgan Chase Liquidation Offshore Funds Restitution Securities Litigation Standstill Agreements Third-Party Service Provider UBS AG UK

Tax Information Exchange Litigation in Offshore Jurisdictions

There have been a number of decisions published recently by the courts in various international financial centres such as Bermuda, the Cayman Islands, Jersey and Singapore, that have considered the meaning and effect of...more

4/11/2014 - Confidential Information Foreign Jurisdictions International Litigation International Tax Issues TIEA

Getting the Deal Through – Anti-Corruption Regulation 2014: Bermuda

1. International anti-corruption conventions: To which international anti-corruption conventions is your country a signatory? - Bermuda is a self-governing British overseas territory, whose legal system is based...more

3/12/2014 - Anti-Corruption Compliance Corruption

Devil's Isle Detail: An Overview of the Laws Regulating Bermuda's Marine Environment

The report is based on a pro bono survey provided to the Cyrus R. Vance Center for International Justice in connection with its Coral Reef Project. The objective of the Coral Reef Project is to produce a best practices...more

11/27/2013 - Climate Change Conservation Critical Habitat Enforcement Latin America Pollution Control Ports Scientific Research Shipping

Offshore Professional Risks - June 2013

Sedgwick’s Offshore Professional Risks practice offers a unique and global perspective on professional risk. As the only law firm in the world with offices in the key insurance jurisdictions of Bermuda, London and the U.S.,...more

6/25/2013 - Asset Protection Beneficiaries Corporate Governance D&O Insurance Disclosure Requirements Errors and Omissions Policy FATCA Hedge Funds Indemnity Insurance Nominee Directors Offshore Funds Rule in Hastings-Bass Settlement Trust Assets Trustees

Twin Towers: Two Events, Two Occurrences under English law

In the recent case of Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd & Advent Capital (No 3) Ltd [2013] EWHC 154 (Comm), 8 February 2013, the English Commercial Court upheld an arbitration tribunal’s award that the...more

2/18/2013 - Aggregation Rules Commercial Insurance Policies Occurrence Reinsurance Terrorist Acts

Boom or Bust: Third Party Rights Against Liability Insurers of Bankrupt Entities in Bermuda and the U.K.

In the recent case of Re Kingate Management Limited (in Provisional Liquidation) [2012] SC (Bda) 52 Com, the Supreme Court of Bermuda considered the statutory rights of third party claimants to assert direct claims against...more

2/4/2013 - Commercial Bankruptcy Liability Liability Insurance Third Parties (Rights Against Insurers) Act

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