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"A titan of the offshore insolvency world, Marc also has the ability to turn his hand to other areas of litigation such as trusts"
Legal 500 Caribbean, 2023
Marc is Ogier's Global Head of Dispute Resolution. He is a Fellow of INSOL International and specialises in contentious restructuring and insolvency proceedings, commercial litigation, funds disputes and financial services claims involving fraud and breach of duty.
Background and experience
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.
Directory feedback for Marc describes him as "exceptionally client focused" and notes that he "has seen everything in Cayman and comes into his own in real-time emergency litigation".
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 & Corporate Recovery 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.
Marc is a Fellow of INSOL International.
Prior to joining Ogier in 2017 Marc was Cayman Islands Head of Litigation and Insolvency at another major offshore firm.
Admitted in:
2003 – England and Wales (non-practising)
2008 – Cayman Islands
Languages
Portuguese
French
Spanish
English
Examples of work
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14 July 2021
Ogier advises Xiezhong International on US$31.3 million privatisation and delisting from the HKSE
Nathan Powell
Team: Janice Chu 朱嘉仪, Marc Kish, Gemma Lardner, Dunzelle Daker
Deal
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12 May 2021 | 4 min read
The Cayman Islands Court of Appeal finds that Norwich Pharmacal relief is available in aid of foreign proceedings
Marc Kish
Team: Nour Khaleq
Case
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14 August 2020 | 1 min read
Ogier acts in successful enforcement of a Brazilian arbitral award
Marc Kish
Team: Anna Snead, Nour Khaleq
Case
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16 July 2020 | 1 min read
Ogier acts for Sandra Holding Ltd in winding up of Universal Enterprises Ltd
Marc Kish
Team: Nour Khaleq
Case
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4 December 2019 | 1 min read
Defence of Norwich Pharmacal and garnishee claims relating to the enforcement of an arbitral awar
Marc Kish
Team: Victoria King, Nour Khaleq
Case
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19 June 2019 | 1 min read
Ogier acts for HSBC International Trustee Limited in an application for Beddoe relief
Marc Kish
Team: Rachael Reynolds KC, Deborah Barker Roye
Case
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10 October 2018 | 7 min read
Cayman Islands Court of Appeal overturns antisuit injunction in favour of Argyle Funds SPC Inc
Jennifer Fox
Team: Rachael Reynolds KC, Marc Kish
Case
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2 March 2018 | 2 min read
Ogier''s work recognised in second Restructuring Deal Award from IFLR in five months
Anthony Oakes
Team: Oliver Payne 彭奥礼, Bruce MacNeil, Marc Kish
Deal
News and insights
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4 July 2023 | 6 min read
Cayman Court makes winding up order in respect of foreign registered Silicon Valley Bank
Holly Johnston
Team: Marc Kish, Gemma Lardner
Insight
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12 May 2023 | 9 min read
Ogier's Aviation and Marine team ready to resolve disputes on Cayman vessels
Rachael Reynolds KC
Team: Mark Santangeli, Marc Kish, Tommy Tuohy
Insight
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20 February 2023 | 3 min read
Praise for Ogier in Cayman's client service in Chambers Global
James Bergstrom
Team: Rachael Reynolds KC, Marc Kish, Jennifer Fox, Gemma Lardner, Christopher Levers, Nick Rogers, and 5 more
News
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13 February 2023 | 1 min read
ケイマン諸島裁判所、暫定仲裁裁定判断が裁判所判決として執行可能であると認定
Jeremy Snead
Team: Marc Kish, Oliver Payne 彭奥礼
Insight
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13 February 2023
Cayman Court confirms interim arbitration awards may be enforced as judgments
Jeremy Snead
Team: Marc Kish, Oliver Payne 彭奥礼
Insight
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18 November 2022
A new beginning for restructuring in the Cayman Islands
Jeremy Snead
Team: Marc Kish, Gemma Lardner, Oliver Payne 彭奥礼
Insight
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11 November 2022 | 4 min read
"Truly first rate" Ogier in Cayman stands out in Legal 500 Caribbean Guide 2023
Marc Kish
Team: Rachael Reynolds KC, Jennifer Fox, Deborah Barker Roye, Christopher Levers, Gemma Lardner, Nour Khaleq, and 22 more
News
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10 October 2022
BTI v Sequana: directors must continue to be aware of creditors' interests on the road to insolvency
Jeremy Snead
Team: Victoria King, James Angus, Marc Kish, Brian Lacy, Gemma Lardner, Mathew Newman, and 3 more
Insight
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13 September 2022
Discovery in Cayman Islands shareholder appraisals: no "new frontiers"
Shaun Maloney
Team: Harry Rasmussen, Marc Kish, Oliver Payne 彭奥礼, Jeremy Snead
Insight
Recognition
"Marc’s strongest attribute is his bedside manner. He is a steadying hand and very measured in his communications"
Chambers Global, 2022
View more"Pragmatic and sensible"
Chambers Global, 2022
"Marc's advice was pragmatic and sensible but built on sound foundations of legal knowledge and experience"
Chambers Global, 2022
"Leading individual"
Legal 500 Caribbean, 2023
"Recommended"
Legal 500 Caribbean, 2023
"Thought Leader & Recommended"
Who's Who Legal, Asset Recovery, 2022
"Thought Leader"
Who's Who Legal, Restructuring & Insolvency, 2022
"Commercial, user-friendly, very experienced, and a good strategic thinker"
Legal 500 Caribbean, 2022
"Team of the Year – Litigation"
Citywealth IFC Awards 2022
"Leading Individual"
Legal 500 Caribbean, 2022
"At the top of his game. Marc brings a sense of calm assurance to the team, he is completely committed to finding the best result for the client, is an excellent team leader and he has excellent judgment. He is also a delight to work with"
Legal 500 Caribbean, 2021
Careers
Always learning
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