Nicholas Burkill

Practice Areas

Banking Disputes; Corporate and Financial Services Disputes; Crypto Disputes; Dispute Resolution; Enforcement of Judgments and Awards; Equity Capital Markets; Fraud and Asset Tracing; Funds Disputes; International Arbitration; Regulatory; Restructuring and Insolvency; Shareholder and Valuation Disputes; Trusts; Trusts Disputes and Applications

Career

Nick has vast experience representing clients in international disputes before the courts and in arbitrations. His recent experience in the BVI includes:

Shareholder and company control disputes - Nick acted for the successful claimant in IsZo Capital LP v Nam Tai Property Inc in proceedings that resulted in the declaration of a private placement of shares in an NYSE listed company to be void as carried out for an improper purpose after an expedited trial, upheld on an expedited appeal.

Asset tracing / preservation and enforcement - Nick acted for claimants and defendants, often involving third party disclosure orders, interim injunctive relief or the appointment of receivers including in support of foreign court and arbitral proceedings.

Civil fraud - Nick obtained freezing trust and receivership orders in a fraud claim against an individual alleged to have defrauded the claimant of about $100 million by usurping the client's beneficial ownership of a BVI company.

Contentious trusts - Nick acted in a series of disputes arising from BVI and foreign trusts and foundations including a summary judgment to declare that a trust amendment deed was forged and tracing claims arising from breaches of trust.

Commercial litigation - Nick's experience includes acting in a number of proceedings arising out of defendants' opposition to the change of control voted for by Nam Tai shareholders resulting in a series of first instance and Court of Appeal decisions determining a range of issues such as the fixing of the record date for the shareholders' meeting in a listed company, the strike out of proceedings seeking to relitigate issues, forum non conveniens, appeals against injunctions granted without notice, recusal, and contempt proceedings against directors of BVI companies resident abroad.

Arbitration - in addition to experience of arbitrations under a number of different rules, Nick has acted in a series of proceedings enforcing awards or resisting enforcement. He is also chair of the BVI Arbitration Group promoting BVI arbitration.

Nick was appointed by the Chief Justice as a member of the ECSC Rules Review Committee on which he continues to serve. He previously served two terms on the English Rule Committee where, among other things, he was involved in the review of service provisions and the first electronic disclosure practice direction.

Admitted in:

2016 - BVI

1987 - England & Wales - Solicitor Advocate (civil) (non practising)

Professional Memberships

Chair of the BVI Arbitration Group

Founder Anti-Fraud Network

Fellow of the Chartered Institute of Arbitrators

Member of the Eastern Caribbean Supreme Court Rules Review Committee

Member of the Civil Procedure Rule Committee 2002-2008

Member of the Chancery Court Users Committee 2011 - 2016

Committee member of the London Solicitors Litigation Association 2003-2012