Christian Hay (TEP, FCIArb)

Arbitration is increasingly being used as a cost-effective, confidential and efficient alternative to court litigation for solving commercial, construction and more frequently trust disputes. The global enforceability of arbitral awards and the successful adoption of virtual technology by most arbitration institutions makes it an attractive option for resolving disputes. 

Our dedicated arbitration lawyers bring deep, cross-border experience in both international arbitration and mediation, combining strategic judgment with practical commercial awareness to work alongside and quickly determine the best approach for a successful conclusion. They are skilled at:

• Assessing forum suitability
• Managing complex stakeholder relationships
• Shaping dispute resolution strategies that reflect clients’ broader business objectives

With offices in Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and London as well as a strong track record across a wide range of sectors, our arbitration lawyers can advise you on every aspect of international arbitration, adapting their approach to each dispute while offering clear, commercially rooted guidance aimed at achieving durable, cost-effective outcomes.

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We represent beneficiaries, high-net-worth individuals, trustees, protectors and other power holders in a range of contentious and semi-contentious situations. Our lawyers have been at the forefront of the most complex, high-value private wealth litigation offshore. 

We often deal with novel points of law, creating new and innovative solutions to meet the needs of our clients.

Given the international nature of private wealth, with clients and their assets spread across the world, we work as a joined-up global team so that our clients can benefit from the knowledge and experience wherever they may need it.

With offices in Bermuda, the British Virgin Islands, Cayman Islands, Guernsey and Jersey, our contentious private wealth lawyers combine courtroom skill with discreet client care, advising on jurisdictional strategy, interim relief and complex equitable claims.

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Our dispute resolution specialists collaborate seamlessly with our corporate advisory and banking teams across jurisdictions to advise multinational corporations, trust companies, banks, funds, insurers, governments and directors.

We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore.

We're well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not black and white and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

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For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work to achieve the most beneficial outcome in these difficult situations. 

At whatever stage we are engaged, our involvement will assist in identifying the ongoing risks facing a client and to enable that client to continue to identify and effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

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When customers or clients do not pay on time, we provide timely and effective advice on recovering debts and enforcing judgments. We help businesses, service providers, lenders and borrowers – including banks, funds, directors, and insolvency practitioners – recover commercial debt swiftly and strategically.

Our services cover court proceedings, arrets, saisies, statutory demands, insolvency proceedings, désastre, realisation, dégrèvement, and enforcement of security interests. We conduct thorough security reviews and advise on pre-emptive measures, ensuring prompt, decisive action with discretion to minimise reputational risk.

It is important for businesses to understand what constitutes a dominant market position in order to avoid becoming involved in anti-competitive practices, especially during mergers and acquisitions. Penalties can be significant and directors may be disqualified, or worse. In addition to regularly gaining merger approvals, our commercial team also advises a number of major businesses on the practical effect of the competition regimes on their businesses.

Changes of trustee documents (DORA or IORAs) usually contain indemnities from the incoming trustee to the outgoing trustee which are often hotly negotiated and can be complex. A change of trustee also presents a good opportunity for the incoming trustee to undertake a due diligence exercise by reviewing the trust documents, ensuring that the previous chain of trusteeship is intact and ensuring that the outgoing trustee ratifies or rectifies any flaws in the trust or the trust documents before the trusteeship is handed over. We have considerable experience in narrowing the issues in these negotiations. We are also well versed in assisting our trustee clients in mitigating risk by spotting (sometimes very significant flaws) in trusts before they are taken on and by ratifying previous discrepancies in a commercial manner – commonly without necessitating the involvement of the court.

We provide fast, cost-effective and sensitive advice on all types of will-related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

The role of a modern trustee has never been more complex. Trustees must satisfy the needs and desires of their beneficiaries, manage complex assets and navigate an ever-changing legal and regulatory landscape.

We know that trustees can need assistance and advice on how best to satisfy their duties and to meet their legal and regulatory obligations. We understand and have a great deal of experience in working with trustees to get ahead of any potentially difficult situation and resolve it in a way that minimises risk and conflict.

As the global legal and regulatory landscape becomes ever more complex, managing wealth across generations, succession planning and transferring control of assets has never been more challenging. That's why it's important to work with lawyers who can offer solutions that are tailored to your unique circumstances.

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We live in an increasingly contentious world. When your business is involved in any kind of legal dispute it's crucial to work with lawyers who are hands-on, cost-effective and flexible enough to respond quickly and intuitively to your unique situation and needs.

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We are used to working as part of a multi-jurisdictional team, capable of reacting and responding quickly to urgent requests for assistance with locating and freezing assets.

As sophisticated defendants become more adept at dissipating assets, we've been involved in cases that created new law in the Channel Islands in relation to a party's ability to trace assets and recover their losses. With their ability to deal with complex issues, the team deliver clear, commercial advice on the availability and likely success of recovery methods.

With specialists across not only Guernsey and Jersey but also in the British Virgin Islands and Cayman Islands, services provided by our fraud and asset tracing lawyers include:

• Immediate applications for freezing and search orders
• Expedited Norwich Pharmacal order and disclosure proceedings
• Asset-tracing across trust structures and corporate vehicles
• Coordination with criminal and regulatory investigations where overlap exists. 

Our international footprint lets us deliver prompt, all‑round legal support precisely when clients need it most.

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