Dustin Delany

Practice Areas

Banking and Finance, Cannabis, Corporate, Energy, Family Office and High Net Worth, FinTech, Hospitality and Leisure, Infrastructure and PPP, Insurance, Mergers and Acquisitions, Mining, Project Development, Real Estate, Restructuring, Insolvency and Bankruptcy, Securities and Corporate Finance

Career

Dustin Delany is the first and only attorney in the Caribbean to be triple-ranked by Chambers and Partners. His Chambers Global rankings include being the first and only ever ranked attorney in the region for Caribbean-wide Corporate and Commercial Law, moreover to being recognized in the ranking tables for General Business Law (Expertise Based Abroad) for the jurisdiction of Antigua & Barbuda, and General Business Law for the jurisdiction of Barbados. Dustin serves as the Chair and Chief Managing Partner for Dentons Delany, the most ranked and recognized law firm in the Caribbean by both Chambers and Partners, including Chambers and Partners’ Caribbean-wide Corporate and Commercial Law and Caribbean-wide Dispute Resolution spotlight rankings.

Recognized as a leading Caribbean cross-border business law expert, Dustin is frequently called upon to advise parties on regional matters and take lead on some of the region’s more complex transactions in various areas, including banking and finance, hotels and leisure, infrastructure and PPP, mergers and acquisitions, insolvency, bankruptcy, and restructuring, project development, and property and real estate within various industries. He was recently featured in Business Today’s Top 10 Influential General Business Law Lawyers for 2023. He also leads the firm’s recently established Government Relations team. Dustin spent the first decade of his career practicing in the United States before relocating to the Caribbean. Against this backdrop, he is well situated to bridge the gap for clients looking to conduct business in the region, and he has overseen some of the larger undertakings in the region, especially within the Caribbean cross-border and multijurisdictional spaces

Professional Memberships

Ambassador for the Caribbean, YPO – Financial Services Network; Chapters: Jamaica (primary); Gold New England (secondary)

America Bar Association (Division of International Law)

American Chamber of Commerce for Barbados and the Eastern Caribbean (Founder)

Bar Association of Guyana

Barbados International Business Association, The Association for Global Business

British Virgin Islands Bar Association

The Florida Bar

Jamaica Bar Association

Law Association of Trinidad and Tobago

OECS Bar Association-Anguilla, Antigua and Barbuda, British Virgin Islands, Dominica, Grenada, Montserrat, St. Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines

Languages Spoken

English

Experience

Interpath East Caribbean Limited: Acting on behalf of the court appointed receiver of a creditor, appointed in St. Lucia to realise multimillion-dollar beachfront property located in Barbados. The firm is providing both litigation, property and corporate representation in St. Lucia and Barbados to the receiver to comply with his duties and mandate. The litigation department and regional’s footprint has been instrumental in navigating, representing and supporting the receiver before the Court, Office of the Supervisor of Insolvency in realizing the asset.

Quantuma: Leading the petitions of the foreign representatives (appointed as liquidators outside of Barbados) before the High Court of Barbados for disclosure orders, as well as orders to freeze and repatriate funds held in offshore bank accounts and/or property within the jurisdiction.

The 1MDB scandal has been referred to as one of the world’s largest financial scandals involving aspects of corruption and bribery whereby a sovereign wealth fund was embezzled. The fund’s assets were distributed globally through a complex structure of shell companies and offshore banks to high-ranking officials and affiliates involved in the scheme, including Malaysia’s former Prime Minister Najib Razak.

The Republic of Ecuador: Acting as ESG and Conservation counsel to the Government of the Republic of Ecuador in relation to a $656 million Galápagos marine conservation-linked bond (Galápagos Marine Bond) used to finance a debt conversion for Ecuador generating an estimated $323 million for marine conservation in the Galápagos Islands over the next 18.5 years.

Delivery Hero: Advising Delivery Hero on the Jamaican law aspects relating to the multijurisdictional acquisition of the Hugo entities including the single entity in Jamaica and other issues in the Cayman Islands, and Trinidad and Tobago.

The Nature Conservancy: Acting as Barbados counsel to TNC in relation to the refinancing of the sovereign debt of Barbados as part of the TNC Blue Bond for Conservation model. Assisting in reviewing and finalizing loan counter-guarantee and conservation commitment contracts as part of the execution of this sustainable debt conversion instrument.

Baring Private Equity Asia: Advising Baring Private Equity Asia on its acquisition of Hinduja Global Solutions’ healthcare business for US$1.2 Billion in Jamaica. The transaction was a component of the sale of HGS’ healthcare business in India, Jamaica, Philippines and the United States of America.

Parkland Corporation: Advising Parkland Corporation and its wholly owned St. Lucia subsidiaries in relation to a 4.625% Note Indenture and guarantee agreement and related contracts, in an aggregate value of US$800 million.

Eastern Caribbean Amalgamated Bank: Representing Eastern Caribbean Amalgamated Bank (ECAB) in the acquisition of the banking business of Scotiabank-Antigua and Barbuda including due diligence, negotiations, transactional documents, labour and employment issues, regulatory approvals and transition of operations. Providing extensive labor and employment advice in a multimillion-dollar asset acquisition, which required extensive union negotiation in relation to employee severance and redundancy.

FirstCaribbean International Bank (Cayman) Limited: Advising CIBC FirstCaribbean International Bank (Cayman) Limited on its multi-tranche project financing to BMR Energy Portfolio I Limited. The loan for US$88 million will be used for refinancing of a portfolio of renewable (onshore wind and solar) energy assets in Jamaica, the British Virgin Islands, the Cayman Islands, and the Republic of Guatemala.

Saint Lucia National Conservation Fund (SLNCF): Drafting a collaboration agreement between the SLNCF and its seven sister organizations throughout the Caribbean region, which will provide a vehicle for the joint non-profit promotion of the conservation and restoration efforts already being undertaken by these organizations.

Click to Collect: Advising Click to Collect on the acquisition of Aeropost Inc. The transaction encompassed the formation and financing of Click Partners LP, a BVI limited partnership, and its transformative acquisition of Aeropost, Inc. Aeropost is a high-profile e-commerce provider servicing 38 countries and territories across Central America and the Caribbean.

Design Build Project – Climate resilient campuses: Representing a design-build company in North America that has been hired by a U.S. based academic institution with medical school campuses in both Barbados and St. Kitts to design and build state of the art climate resilient facilities for these campuses.

Inter-American Investment Corp & Inter-American Development Bank: Assisting with the review of service agreement, joint venture agreement, due diligence and closing of the transaction, which involved two key players within Guyana’s oil and gas market.

First Caribbean International Bank (Barbados) Limited: Advising in relation to US$55M financing of hotel acquisition on island including drafting and review of all finance documents and advice in relation to the assignment of management and other operating contracts.

Olympus Ventures, LLC: Representing a US based family office of an ultra-high net worth individual in the acquisition, due diligence and closing, including the hotel management agreement, of the CuisinArt and Reef Resorts and Golf Course in Anguilla. The complex multi-use project includes two hotels, two championship golf courses and various residential products to be developed and sold. The property is being renovated in phases, with plans to increase the number of hotel rooms, expanding a hydroponic farm and installing a new solar array. The second phase will include a spa and wellness center, and improvements to the golf course. Our representation included comprehensive negotiations with the Premier and ministers of the country in negotiating what is effectively a 250-year ground lease as to the renovation, property uses, rent and tax benefits, as the Crown owns part of the resort’s property.

Starwood Energy: Performing extensive due diligence on Starwood’s investment into a renewable energy project with the government of Saint Kitts and Nevis. This project would be the first of its kind in the island. The project is a solar generation and storage project that aims to provide between 30-35% of St. Kitts baseload energy needs for the next 20-25 years while reducing carbon dioxide emissions by more than 740,000 metric tons.

Parkland Corporation: Advising the Canadian energy company throughout the entirety of the Caribbean Community (CARICOM) in connection with the US$1.2B acquisition of a seventy five percent shareholding of SOL Ltd.

Manulife Global: Advising the Canadian-based financial services group in connection with their restructuring of US real estate investment trust valued in excess of US$1B necessitated by US tax reform.

Keppel-KBS US REIT: Providing advice in connection with restructuring of US real estate investment trust valued in excess of US$500M necessitated by US tax reform.

Buckeye Partners: Representing Buckeye in the acquisition of the Hess Corporation’s liquid petroleum products terminal as part of a wider US$850M sale of the Hess storage terminal network.

Expert in these Jurisdictions

Anguilla

Antigua and Barbuda

Barbados

British Virgin Islands

Dominica

Florida

Grenada

Guyana

Jamaica

Montserrat

St. Kitts and Nevis

St. Lucia

St. Vincent and the Grenadines

Trinidad and Tobago

United States District Court for the Southern District of Florida

US Court of Appeals for the Eleventh Circuit

US District Court for the Middle District of Florida

Education

Awards