Offshore Fund Disputes Lawyers

When it comes to navigating the intricate landscape of investment fund disputes, our dedicated fund disputes lawyers are renowned for their expertise and experience, having acted in a number of high-profile global cases in recent years. Appleby provides offshore fund disputes legal services in Cayman Islands, Bermuda, British Virgin Islands, Isle of Man, Guernsey, Jersey and Mauritius. We can also call on our experienced Funds & Investment Services team to provide further technical advice.

Offshore fund disputes

Arising from factors such as trading losses, illiquidity, misevaluation and mismanagement, fund-related disputes are a common feature of the international commercial landscape. Complex by nature, funds experiencing distress require a team of dedicated fund dispute lawyers who are well rehearsed in this specialist area to resolve them.

An offshore fund dispute can often include multiple parties, intricate contractual agreements, intricate financial structures, and regulatory considerations. Navigating through such complexities requires specialised offshore fund disputes knowledge and experience in both investment funds law and dispute resolution.

Fund dispute lawyers

Appleby’s Fund Disputes team is an industry leader, being one of the few offshore firms to field a specialist team dealing with fund disputes, and having been involved in a number of high-profile offshore fund disputes proceedings. Our team of highly skilled and talented fund disputes lawyers have experience that covers all types of funds, including corporate funds, limited partnerships, unit trusts, regulated mutual funds, closed-ended funds and private equity funds.

We act for a wide range of parties involved in fund-related matters, including office-holders, directors, auditors, investment managers, shareholders and creditors.

We regularly provide advice and assistance regarding matters such as:

  • Redemption issues
  • Shareholders’ rights
  • Directors’ liabilities
  • Enforceability of side letters
  • Disputes between service providers
  • Valuation issues
  • Fraud and mismanagement of fund assets
  • Restructuring distressed funds
  • Winding up and dissolution of insolvent funds

Client experience

Representative Work

Advising and representing liquidators

Advising and representing the liquidators in relation to their actions to recover losses for investors who lost US$1.5 billion in the collapse of Bear Stearns subprime-invested hedge fund, the largest and highest-profile hedge fund collapse arising out of the subprime mortgage crisis

Acting for Phoenix Meridian Equity Ltd.

Acting for Phoenix Meridian Equity Ltd. in the first Cayman Islands case on misvaluation to go to trial, raising unprecedented issues about construction of fund investment documentation, and the obligation of funds to disclose underlying hedging transaction costs to investors

Advising Gottex Fund Management Sarl

Advising Gottex Fund Management Sarl on its attempt to redeem a US$40 million investment in CPIM Structured Credit Fund and its challenge through the Cayman Islands Court of the fund’s retrospective imposition of a ‘gate’ on its redemption notice to block the payment of redemption proceeds.

Spotlight

Cayman fund disputes

Our Cayman Islands office provides specialist Cayman fund disputes legal advice. With decades of experience between them, our fund disputes lawyers in Cayman are experts in navigating the complex nature of funds experiencing distress. Indeed, their Cayman fund dispute expertise was highlighted in the latest edition of The Legal 500 Caribbean legal directory, with researchers noting that “Appleby’s ‘excellent strength across the whole team’ ensures that it is sought out by a stellar line-up of international corporate clients for representation in high-stakes fund disputes, winding-up proceedings, and contractual enforcement matters”.

More news
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26 Aug 2026

BVI Court Prevents BVI Company from Redomiciling to Preserve Enforcement Against its Shares

In our article published on 14 November 2025 we addressed an interesting case in which the Court appointed a liquidator to a foreign dissolved company, titled “BVI Court Appoints Liquidators to Foreign Dissolved Company”.  That article referenced a further, related, 2-day hearing that was heard and ultimately determined earlier in the year (on 6 May 2025) in which the Claimants sought to prevent a BVI company from re-domiciling itself to Palestine (the Re-domiciliation Application). This article summarises the key aspects of those Applications.

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13 Aug 2026

Restructurings Frustrating Creditors And The Enforcement Of Arbitral Awards: The English High Court's Decision In State Oil Company Of Azerbaijan v Mansimov

The English High Court has issued a significant judgment on the enforcement of arbitral awards, the reach of section 423 of the Insolvency Act 1986 and the limits of the Marex tort, with potential relevance to the Cayman Islands' Fraudulent Dispositions Act.

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6 Aug 2026

The Rights of Sanctioned Litigants to access to the Court: Court of Appeal issues Key Decision in the BVI

The Eastern Caribbean Court of Appeal has delivered a significant judgment in AO Alfa-Bank v Kipford Ventures Limited, overturning a stay of proceedings and reinstating a US$142 million freezing injunction. The decision provides important guidance on access to justice, sanctions, and interim relief in the BVI.

JPLs, Directors and Arbitration: Grand Court Clarifies the Scope of Provisional Liquidators' Powers
5 Aug 2026

Good faith in action, not just belief: the UK Supreme Court’s decision in Saxon Woods Investments Limited v Costa and its significance in the Cayman Islands

May a company director depart from a strategy his board has agreed, in the sincere belief that he knows a better route to the company’s success? In Saxon Woods Investments Limited v Costa [2026] UKSC 21, the Supreme Court held that, whatever the answer, a director cannot pursue his own strategy by concealing it from, and misleading, his fellow directors. The Court confirmed that the good faith duty is not confined to a director’s sincerely held view of the company’s best interests; it also governs the means by which the director acts. The decision is an authoritative statement of the content of the fiduciary duty of loyalty, and is likely to be influential in the Cayman Islands. The decision will interest directors, those who advise or appoint them, and stakeholders affected by directors’ conduct.

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30 Jul 2026

Contingent Creditors, Standing And The Winding Up Jurisdiction: Analysing Re Petrosaudi International

The Cayman Islands Court of Appeal has delivered a highly significant judgment in Re PetroSaudi International.[1] The Court clarified the circumstances in which an alleged contingent creditor will have standing to petition to wind up a company under section 94(1)(b) of the Companies Act, and confirmed that there is no jurisdiction to make a winding up order on an ex parte without notice basis.[2] Our article analyses the Court of Appeal’s decision, and considers its implications for insolvency practitioners.

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30 Jul 2026

Final Means Final: Wei v Wang and the Common Law Enforcement of Foreign Judgments in the Cayman Islands

English Court Reaffirms Pro-Enforcement Approach to Foreign Judgments In Wei v Wang [2026] EWHC 1892 (Comm), the Court confirmed that exceptional avenues of review do not undermine the finality of a judgment and reiterated the limited scope of the natural justice defence.

JPLs, Directors and Arbitration: Grand Court Clarifies the Scope of Provisional Liquidators' Powers
28 Jul 2026

Drelle Overturned in Latest UK Supreme Court Decision

The United Kingdom Supreme Court in its recent decision in Drelle v Servis-Terminal LLC [2026] UKSC 29 (Drelle SC) has overturned the controversial decision of the English Court of Appeal in Servis-Terminal LLC v Drelle [2025] EWCA Civ 62 (Drelle CA), and in doing so has provided welcome clarity on the effect of unrecognised foreign judgments in cross-border bankruptcy and insolvency contexts. This is likely to have a wide-reaching impact – not only in the UK but also offshore – and particularly in the British Virgin Islands following the recent decision in JJW Hotels & Resorts Holding Inc v Rhodes (BVIHCM2025/0296) (JJW Hotels) (which relied heavily on Drelle CA), and in the Cayman Islands where previous authorities had recognised the ability, in the corporate context, for petitioners to present winding up petitions on the basis of an unrecognised foreign judgment.