Alex Potts K.C. FCIArb
Alex Potts is a King’s Counsel of England and Wales, and a Fellow of the Chartered Institute of Arbitrators. Alex currently serves as Partner and Head of the Litigation & Restructuring practice in the Cayman Islands office of Conyers, from where he advises on the laws of the Cayman Islands, Bermuda, and the British Virgin Islands.
With a focus on complex disputes, Alex handles matters in the fields of banking, financial services, investment funds, (re)insurance, professional negligence, company law, trusts, asset recovery and contentious insolvency; his practice also extends to matters of public, constitutional and administrative, regulatory, telecommunications, employment, property, planning, and environmental law.
Alex has conducted cases and appeared as Leading Counsel before a variety of first-instance and appellate courts, arbitration tribunals, and regulatory tribunals, in the Cayman Islands, Bermuda, and England and Wales, including the Privy Council.
Alex is frequently instructed as counsel in international arbitrations (including ‘Bermuda Form’ insurance arbitrations), and associated legal proceedings.
Alex has also started to accept appointments as Arbitrator, Mediator, or Tribunal Member (including in the context of statutory Human Rights and Copyright tribunals), with experience of serving as Tribunal Chair.
Alex is the author of many publications on issues of Cayman Islands, Bermuda, and offshore law, and he is regularly invited to speak at conferences and seminars, and to give expert opinion evidence (both in Court and in arbitration).
Employment History
January 2020 - : Partner, Head of Cayman Islands Litigation & Restructuring, Conyers (Cayman Islands and Bermuda)
January 2012 - January 2020: Partner, Kennedys Chudleigh (Bermuda)
April 2007 - January 2012: Barrister, Conyers (Bermuda)
October 2000 - April 2007: Barrister, 4 Pump Court (London, UK)
Education
1999-2000: BVC, Inns of Court School of Law (Very Competent, 6th highest in Bar Finals)
1998-1999: CPE/PGDL, City University, London (Commendation)
1995-1998: BA (Honours), English Language & Literature, Exeter College, Oxford University (First Class, 7th highest in University Finals)
Bar Admissions
England and Wales (2000 - ), Queen's Counsel 2018 -, King's Counsel 2022-
Bermuda (2007 - )
Cayman Islands (2005, 2020 - )
British Virgin Islands (2021 - )
Professional Memberships
Chartered Institute of Arbitrator's (Fellow)
ARIAS US
INSOL International
RISA Cayman Islands
Middle Temple
Bar Council of England and WAles
International Bar Association
Bermuda Bar Association
Cayman Islands Legal Practitioners' Association
COMBAR (Commercial Bar Association)
Chancery Bar Association
Reported Cases
Alex’s reported cases, as Counsel, include:
Re Changyou.com Limited, Court of Appeal of the Cayman Islands, CICA 6 of 2020, judgment dated 20 December 2022 (leave to appeal to the Privy Council, costs, consequential issues)
Jian Ying Ourgame High Growth Investment Fund (in Liquidation) v Powerful Warrior Limited, Grand Court of the Cayman Islands, FSD 255 of 2021, judgment dated 21 December 2022 (jurisdictional challenge, enforceability of HKIAC Arbitration Agreement)
Re Changyou.com Limited, Court of Appeal of the Cayman Islands, CICA 6 of 2020, judgment dated 16 September 2022 (Short-form merger, legal standing of minority shareholders to exercise statutory appraisal rights)
Re Virginia Solution SPC Ltd, Grand Court of the Cayman Islands, FSD 5 of 2020, judgment dated 23 August 2022 (Costs of a contested contributory's winding up petition; confidentiality application)
Titan Petrochemicals Group Limited [2022] CA (Bda) 13 Civ, judgment dated 9 August 2022 (Successful appeal against order for compulsory winding up of Bermuda holding company with Hong Kong business activity)
Jian Ying Ourgame High Growth Investment Fund (in Liquidation) v Powerful Warrior Limited, Grand Court of the Cayman Islands, FSD 255 of 2021, judgment dated 19 July 2022 (Recusal of Judge, Apparent Bias, Issues of jurisdiction, service out of the jurisdiction of the Cayman Islands, and enforceability of HKIAC Arbitration Agreement)
MaplesFS Limited v B&B Protector Services Limited and PJSC National Bank Trust and PJSC Bank Otkritie Financial Corporation, FSD 213 of 2021 DDJ, judgment dated 14 July 2022 (Substituted Service and Forum Non Conveniens, Cayman Islands STAR trust, Firewall Provisions)
MaplesFS Limited v B&B Protector Services Limited and PJSC National Bank Trust and PJSC Bank Otkritie Financial Corporation, FSD 213 of 2021 DDJ, judgment dated 14 June 2022 (Application for adjournment of Court hearing pending grant of Licence under Sanctions Legislation)
Kattina Anglin v Governor of the Cayman Islands and Colours Caribbean, G0169 of 2020, judgment dated 28 March 2022 (Judicial Review, Reserved Powers of the Governor pursuant to section 81 of Schedule 2 to the Cayman Islands Constitution Order 2009, section 55 of the Constitution, meaning of 'external affairs', legal validity of Civil Partnership Act 2020)
MaplesFS Limited v PJSC National Bank Trust & PJSC Bank Otkritie Financial Corporation, FSD 213 of 2021, judgment dated 10 March 2022 (Adjournment application relating to imposition of sanctions on Russian bank entities; Court directions relating to application contesting substituted service and jurisdiction issues)
In the matter of the Kuwait Ports Authority, Grand Court of the Cayman Islands, FSD No 118 of 2021, judgment dated 8 March 2022 (Sections 3 and 4 Confidential Information Disclosure Act, Cayman Bill of Rights, Data Protection Act)
Re Virginia Solution SPC Limited, Grand Court of the Cayman Islands, FSD 5 of 2020, judgment dated 10 February 2022 (Trial of a Just and Equitable winding up Petition, captive insurance company, quasi-partnership and functional deadlock allegations)
Re Midland Acres Limited, Grand Court of the Cayman Islands, FSD 88 of 2017, judgment dated 19 January 2022 (appeal against rejection of Proof of Debt)
Toledo et al v Walkers, Grand Court of the Cayman Islands, FSD 0105 of 2014, judgment dated 25 January 2022 (non-compliance with procedural directions, Unless Order)
Anglin v Governor of the Cayman Islands, Grand Court of the Cayman Islands, G169 of 2020, judgment dated 28 October 2021 (application for leave to intervene, judicial review of Civil Partnership Act 2020)
Re Titan Petrochemicals Group Limited [2021] SC Bda 63 Civ (creditor’s winding up petition, disputed debt, cross-border allegations of fraud)
Doctoroff v Crown Global Life Insurance Ltd et al [2021] SC Bda 44 Com (claims relating to deferred variable annuity policy, summary judgment)
Re Changyou.com Limited, Grand Court of the Cayman Islands, FSD 120 of 2020, judgment dated 28 January 2021 (Short-form merger, legal standing of minority shareholders to exercise statutory appraisal rights)
Cowan v Carmody, Cayman Islands Court of Appeal, CICA 37 of 2019, judgments dated 19 October 2020 (Service out of the jurisdiction, non-disclosure, jurisdiction of the Court of Appeal, costs)
Great Simplicity Investment Corporation v Bitmain Technologies Holding Company, judgment dated 31 July 2020, Grand Court of the Cayman Islands, FSD 247 of 2019 (Corporate shareholder dispute, invalidity of EGM and amendments to Articles of Association)
Linden Capital v Luckin Coffee Inc, Grand Court of the Cayman Islands, FSD 82 of 2020, judgments dated 4 June 2020 and 3 August 2020 (NASDAQ listed Chinese coffee business, Worldwide Mareva / Freezing Order Injunction, Ancillary disclosure application, Extended Definition of Assets, Unjustified Risk of Dissipation and Ordinary and Proper Course of Business, Appointment of Provisional Liquidators)
Siddiqui et al v Athene Holding Ltd [2020] CA Bda 2 Civ (Costs of appeal; directors’ and officers’ indemnities; stay of enforcement)
MJM Limited v Apex Fund Services Ltd [2019] SC Bda 92 Civ (Lawyers’ conflicts of interest; duties of confidentiality; legal professional privilege)
Siddiqui et al v Athene Holding Ltd (Application for leave to appeal to the Privy Council) [2019] CA (Bda) 15 Civ (Application for leave to appeal to the Privy Council against interlocutory rulings)
Apex Fund Services Ltd et al v Mathew Clingerman (as Receiver of Silk Road M3 Fund) [2019] SC (Bda) 74 Com (Application for interim anti-suit injunction)
Siddiqui et al v Athene Holding Ltd [2019] CA (Bda) 12 Civ (Appeals to the Court of Appeal for Bermuda on jurisdiction, forum non conveniens, and applications to strike out claims alleging breach of confidence and breach of fiduciary duties)
Athene Holding Ltd v Siddiqui et al [2019] SC (Bda) 20 Com (Implied undertaking of confidentiality, refusal of application to permit collateral use of confidential documents, application to recuse judge on grounds of apparent bias)
Sannapareddy v Commissioner of Police and Senior Magistrate [2019] SC (Bda) 18 Civ (Judicial review of search warrant)
Athene Holding v Siddiqui et al [2019] SC (Bda) 3 Com (Jurisdictional challenge, service out of the jurisdiction under ‘necessary or proper’ party gateway, application to strike out claims alleging breach of confidence and breach of fiduciary duties)
In the matter of A Trust [2018] SC (Bda) 53 Civ (Costs of contested application by Trustees for Court approval of a momentous decision)
Athene Holding Ltd v Caldera Holdings Limited et al [2018] SC (Bda) 52 Civ (Application to stay proceedings on forum non conveniens and case management grounds; alleged breaches of duties of confidentiality and restrictive covenants in context of insurance company takeover bid)
In the matter of the A Trusts [2018] SC (Bda) 42 Civ (Trustees’ application for Court approval of a momentous decision to effect a corporate transaction, contested by beneficiaries)
One Communications Ltd et al v Regulatory Authority of Bermuda [2018] SC (Bda) 18 Com (Costs of judicial review proceedings)
S v T [2018] SC (Bda) 9 Civ (Court appointment of third arbitrator)
BEST v Minister of Home Affairs et al [2017] SC (Bda) 112 App (Planning appeal on environmental grounds in the public interest; material considerations in planning permission applications; conservation of agricultural land)
Bermuda Telephone Company Ltd v Regulatory Authority of Bermuda [2017] SC (Bda) 109 Civ (Judicial review of enforcement notice; regulation of telecommunications service providers under the Regulatory Authority Act 2011)
One Communications Ltd et al v Regulatory Authority of Bermuda [2017] SC (Bda) 97 Civ (Judicial review of Market Review of telecommunications sector; and enforceability of ex ante remedies against entities with Significant Market Power under the Regulatory Authority Act 2011 and the Electronic Communications Act 2011)
Chubb Bermuda v Ford Motor Co [2017] SC (Bda) 88 Civ (Injunction to restrain misuse of privileged and confidential taxation information; implied undertaking; waiver)
Corporation of Hamilton v Attorney General & Centre for Justice [2017] Bda LR 30 (Powers of statutory corporation; invalidity of statutory instruments; parking regulations)
In the matter of Opus Offshore [2017] SC (Bda) 14 Com (application to appoint provisional liquidators, competing nominations and competing winding up petitions)
Allied World Assurance Company Ltd & Ironshore Insurance Co Ltd v MF Global Assigned Assets LLC & MF Global Holdings Ltd [2017] SC Bda 7 Com (application for leave to discontinue proceedings, governing principles, Order 21 rule (3) of the Rules of the Supreme Court 1985, compliance with US Bankruptcy Court Order requiring that Bermuda proceedings be “dismissed” on a without prejudice basis)
Allied World Assurance Company Ltd & Ironshore Insurance Co Ltd v MF Global Assigned Assets LLC & MF Global Holdings Ltd [2017] SC Bda 6 Com (Enforcement of arbitration agreement governed by Bermudian procedural law, anti-suit injunction, mandatory interim anti-suit injunction, restraint of Adversary Proceeding before US Bankruptcy Court)
Jack et al v Minister of Public Works [2016] SC (Bda) 108 Com (Summary judgment, admissions, application to remove counsel as a potential witness, overriding objective, duty to conduct litigation in a proportionate manner, Court’s duty to ensure parties are on an equal footing)
Telecommunications Networks v Regulatory Authority of Bermuda [2016] SC (Bda) 91 Civ (Appeal under section 96 of the Regulatory Authority Act 2011, application for interim stay pending appeal, application to strike-out appeal, application for 4G spectrum lots, Electronic Communications Act 2011, whether statutory scheme permits or requires positive discrimination to promote competition, waiver of right to object to procedural aspects of ‘request for application’ process)
CBM Agente de Valores v PPF Life Assets Fund [2016] SC (Bda) 76 Com (closedended mutual fund; contributory's winding up petition on just and equitable grounds; loss of substratum; Mareva (freezing) injunction; post-petition dispositions and validation orders under section 166 of the Companies Act 1981)
Centre for Justice v Attorney General and Minister for Legal Affairs et al [2016] SC (Bda) 64 Civ, [2016] SC (Bda) 72 Civ (judicial review; fundamental rights and freedoms under the Constitution and the Human Rights Act 1981; legality of Referendum (Same Sex Relationships) Act 2016 and Referendum Act 2012; undue influence; neutrality of polling stations)
Majuro Investment Corporation v Timis et al [2016] SC (Bda) 22 Com (abuse of process; indemnity costs order; third party costs order; non-party costs order; order for disclosure of identities and addresses of litigation funders)
Kingate Global Fund Ltd et al v Kingate Management Ltd et al [2016] Bda LR 4 (summary dismissal of a strike-out application involving serious and prolonged argument on controversial points of law in developing areas of jurisprudence)
ACE Bermuda Insurance Ltd v Ford Motor Company [2016] Bda LR 1(anti-suit injunction to enforce arbitration agreement; privacy and confidentiality of arbitration materials in the context of Court applications)
Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2015] SC (Bda) 90 Com (Environmental Impact Assessments under Bermuda law and international law; land reclamation of the South Basin of Bermuda’s Dockyard for America’s Cup 2017 event village use; material considerations in planning permission applications; finality of planning decisions; planning permission in principle)
Majuro Investment Corporation v Timis et al [2015] SC (Bda) 87 Civ (application to set aside service outside of the jurisdiction of Bermuda; RSC Order 11, rule 1(1)(c), anchor defendant, and ‘necessary and proper party’ test; derivative actions under Bermuda law; standing of parties that are not registered shareholders; effect of insolvency and appointment of UK Administrators; failure to give full and frank disclosure)
Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2015] SC (Bda) 71 Com (second Protective Costs Order made by the Supreme Court of Bermuda in the context of a planning appeal brought on environmental and public interest grounds)
Kingate Global Fund Ltd et al v Kingate Management Ltd et al [2015] SC (Bda) 65 Com (trial of preliminary issues; Funds’ claims against investment manager for restitution of management fees in context of Madoff ‘Ponzi’ scheme; unjust enrichment; mistake; contractual entitlement; final and binding status of NAV determinations; fraud or manifest error)
Jack et al v The Minister of Public Works [2015] SC (Bda) 62 Civ (private nuisance and public nuisance; application for interlocutory injunction restraining acts of nuisance and unlawful development of Bermuda’s Botanical Gardens; relevance of the grant or expiry of planning permission to nuisance claims; indemnity costs and interim payment orders)
Patriot Group v Hilco [2015] SC (Bda) 38 Com (legal costs of non-party witness contesting Examination Order; costs sanctions for ex parte applicant’s failure to give full and frank disclosure)
Patriot Group v Hilco [2015] SC (Bda) 32 Civ (Letter of Request gathering evidence for use in foreign proceedings; impermissibility of pre-trial discovery; obligations of full and frank disclosure in ex parte applications; conditions to be imposed on Examination Orders; recovery of legal costs and witness expenses)
The Corporation of Hamilton v The Attorney-General, The Minister of Home Affairs and The Ombudsman of Bermuda [2015] SC (Bda) 22 Civ (summary dismissal of constitutional complaint under section 6(8) of the Bermuda Constitution; Ombudsman not a judicial or adjudicatory authority)
Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2014] Sc (Bda) 73 App (Court awarded and summarily assessed costs in favour of successful Appellant; costs rules in public interest proceedings)
Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2014] Sc (Bda) 61 App (Environmental Impact Assessments under Bermuda law and international law; legal validity and interpretation of Special Development Orders under Development and Planning Act 1974; breaches of natural justice by Development Applications Board and the Minister of Planning; material considerations in planning permission applications)
Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2014] Sc (Bda) 56 Com (first Protective Costs Order made by the Supreme Court of Bermuda in the context of a planning appeal brought on environmental and public interest grounds)
In the matter of the Estate of Mrs. Ericka Schirmer [2014] SC Bda 466 (Life Insurance Act 1978; Court held that insurance monies were payable to designated beneficiaries free from claims of creditors and heirs)
The Corporation of Hamilton v The Ombudsman for Bermuda [2014] SC (Bda) 1 Civ (Court dismissed an application for leave to apply for judicial review of the Ombudsman’s decision to investigate the affairs of the Corporation of Hamilton; costs in judicial review proceedings; injunctive relief in judicial review proceedings)
In the matter of A Trust [2013] SC (Bda) 21 Civ (Court awarded indemnity costs to trustee in hostile litigation against beneficiary)
In the matter of A Trust [2012] SC (Bda) 72 Civ (Court granted anti-suit injunction to trustee of Bermuda law trust restraining beneficiary from asserting hostile claims in foreign Court)
In the matter of Kingate Management Limited [2012] Bda LR 63 (Court lifted automatic stay of proceedings against company in liquidation under section 167(4) of the Companies Act 1981; joinder of parties; disclosure of insurance policy documents under the Third Parties (Rights Against Insurers) Act 1963)
In the matter of Kingate Management Limited [2012] Bda LR 14 (Court ordered compulsory winding up of hedge fund management company of its own motion; inherent jurisdiction; standing of provisional liquidators to appear at winding up petition hearing)
Oil Basins Ltd v Conticommerce SA & Fondation Anora [2012] Bda LR 7 (Interpleader procedure under RSC Order 17; scope of Court’s jurisdiction to vary interim Orders)
Grayken v Grayken [2011] Bda LR 15 (Amendments of pleadings after expiry of limitation period; allegations of fraud disallowed by Court of Appeal)
Saad Investments Company Limited (in Caymanian Liquidation) v Green Way Special Opportunities Fund Limited & Credit Agricole (Suisse) SA [2010] Bda LR 83 (Exclusive jurisdiction clauses post-insolvency; service out of the jurisdiction; injunctive relief; recognition and assistance to foreign liquidators at common law)
Phoenix Global and Phoenix Capital v Citigroup & Bank of Bermuda [2009] Bda LR 70 (Indemnity costs; contractual rights of indemnity; effect of findings of dishonesty)
Phoenix Global and Phoenix Capital v Citigroup & Bank of Bermuda [2009] Bda LR 68 (Court dismissed claims by two insolvent hedge funds against fund administrators and custodians; duties of fund service providers; duties of fund directors and fund managers; use of expert evidence; attribution; loss of a chance; ex turpi causa; contributory negligence; mitigation; Bye-law indemnities and exculpation clauses; ratification; sections 98B and 281 of the Companies Act 1981)
In the matter of Stewardship Credit Arbitrage Fund Ltd [2008] Bda LR 67 (Court appointed provisional liquidators over hedge fund (Petters feeder fund); rights of redeemed investor and status as creditor; inability of fund to restate NAV in the event of mistake; winding up on insolvency and just and equitable grounds)
Phoenix Global and Phoenix Capital v Citigroup & Bank of Bermuda [2007] Bda LR 61 (Court ordered security for costs against insolvent hedge fund companies acting as nominal plaintiffs; third party funders; abuse of process; non-party costs orders; overriding objective and rights to a fair trial)
TG and RC v KX, Grand Court of the Cayman Islands, Cause No: 499 of 2002, Levers J, 14 July 2005 (Court awarded substantial damages for personal injuries to law student injured in road traffic accident; including Smith v Manchester damages for handicap on open labour market)
Expert Opinions
Alex has previously given expert opinion evidence on Bermuda law or Cayman Islands law, or had his publications cited, in the following reported cases:
SIPC v BLMIS et al, Irving Picard v Rafael Mayer, Khronos Liquid Opportunities Fund Ltd et al, US Bankruptcy Court, SDNY, No. 08-01789 (CGM), 27 October 2021
Fredricks v. Markel CATCo Investment Management Ltd. & Markel Corp., Case No. 1:19-cv-10331 (D. Mass. 2019)
Neff v Brady, Re Weatherford International, Court of Appeals for Texas, Houston (1st Dist), 527 SW 3d 511 (2017)
Saratoga Advantage Trust Technology & Communications Portfolio v. Marvell Technology Group Ltd, United States District Court, ND California, Case No. 15-cv04881-RMW (2016)
Voss v Sutardja, Re Marvell Technology Group Ltd, United States District Court, ND California, San Jose Division, Case No. 14-CV-01581-LHK (2015)
Publications
A list of Alex’s publications is available online, or by request.