Ogier’s dispute resolution team has a strong track record of handling some of the jurisdiction’s largest and most complex cases, often working seamlessly with colleagues in Hong Kong, London, and Dubai. The group is particularly noted for its expertise in restructuring and insolvency, fraud and asset recovery, shareholder appraisal disputes under s.238, and contentious trust disputes. Head of team Jennifer Fox is widely recognised for her work on multi-jurisdictional fraud and asset recovery matters, as well as major funds disputes, while Rachael Reynolds brings expertise in trusts and investment fund litigation. Marc Kish specialises in cross-border insolvency and fraud cases.
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Work Department
Dispute Resolution; Restructuring and Insolvency
Position

Partner

Career

Marc is Ogier's global head of Dispute Resolution. A fellow of INSOL International and a member of its Technical Research Committee, Marc specialises in contentious restructuring and insolvency proceedings, commercial litigation, funds disputes and financial services claims involving fraud and breach of duty.

Marc's practice focuses on the restructuring and financial recovery of distressed Cayman Islands entities and offers commercial solutions to creditors, shareholders and beneficiaries of entities threatened with insolvency.

He regularly advises managers, directors, general partners, office holders and stakeholders as to the options available to them in cross-border insolvency, and as to the interplay between Cayman and onshore restructurings and insolvency proceedings. He also represents trustees, protectors and beneficiaries in relation to their rights under offshore trust arrangements, and shareholders of distressed funds in connection with disputes arising out, or in anticipation of, events of default or unpaid redemptions or capital calls.

Marc regularly contributes to legislative subcommittees advising the Cayman Islands government as to the desirability and effect of proposed legislation concerning, for example, restructuring and insolvency legislation, contractual rights of third parties, damages awarded in medical negligence actions, and contingency and conditional fee and third party funding arrangements.

Marc is part of Ogier's multi-disciplinary Restructuring and Insolvency and Private Equity teams. His achievements include advising on scheme of arrangements restructuring bond debt and other assets issued or held by various types of Cayman entity, facilitating the refinancing of international oil and gas groups with offshore vehicles, bringing and defending large-scale fraud and asset tracing claims on behalf of liquidation estates, and assisting parties to onshore litigation by providing expert evidence and analysis of technical questions of Cayman Islands law.

Admitted in: 2003 – England and Wales (non-practising) | 2008 – Cayman Islands

Languages
German, Portuguese, French, Spanish, English
Memberships
Marc is a Fellow of INSOL International and a member of its Technical Research Committee.

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Testimonials

Collated independently by Legal 500 research team.

  • ‘They were an excellent team to work with. They quickly developed a good working relationship with clients and counsel, even in challenging circumstances. They were an extremely supportive team and had hugely positive input into the presentation of the case. I would be delighted to work with them again.’

  • ‘I would particularly recommend Shaun Maloney. They were a great team to work with, having sound legal and commercial judgment. They were very adept at handling the opposing team and gaining the trust and confidence of their own clients. I couldn't have wished for more support as counsel.’

  • ‘The team has the right balance between its team members, combining experience, expertise, and forward-thinking. They are very pragmatic and are excellent at adapting the legal strategy to our company's commercial decisions.’

  • ‘The dispute resolution team is highly focused, effective, and a group that I value the input from.’

  • ‘Rachael Reynolds is a talented lawyer who interprets complicated processes and communicates them to her clients in understandable language so an agreed route can be followed or amended as agreed.’

  • ‘Great experience and a wide variety of expertise mean that the team is capable of providing excellent legal services in any situation. The team is responsive, commercial, and a pleasure to work with.’

Key clients

  • Russell Crumpler and Christopher Farmer as joint liquidators of Three Arrows Capital Ltd
  • Tianrui (International) Holding Company Limited
  • Kuwait Ports Authority
  • The Public Institution for Social Security
  • Nexo Capital Inc.
  • Raiffeisen Bank International AG
  • Taiping Trustees Limited
  • Oasis Management Group
  • MY.Alpha Group
  • Susquehanna International Group LLP
  • Waterwood O2O Project Limited
  • Barclays Bank Plc

Work highlights

Representing Fund IV’s conflict director, litigation committee, and the investors’ council, dealing with numerous contentious aspects of the fallout from the collapse of the Abraaj Group.
Representing the plaintiffs, KPA and PIFSS on all relevant Cayman Islands law issues, as the limited partners in the Port Fund seek redress for the various frauds perpetrated against the fund.
Represented Raiffeisen Bank International on claims under the Fraudulent Dispositions Act and in the tort of unlawful means conspiracy against a number of entities.