Stuart Cullen

Biography

Stuart Cullen is a litigation and insolvency partner in the firm’s BVI office. He specialises in shareholder litigation and arbitration, international insolvency and restructuring, and asset recovery (often involving LatAm clients).

Before joining us in 2015, Stuart practised at the Independent Bar in London, where his work focused on chancery and commercial matters. He remains a door tenant in chambers in London and an external member of the Law Library, Dublin. Stuart has wide ranging arbitration experience, including acting in ICC, LCIA, Stockholm Chamber, JAMS and ad hoc arbitrations. Stuart's experience includes:

  • Acting for the provisional liquidators in the application for the winding up of two BVI companies with debts in excess of US$1.5 billion. The debtor companies are linked to the Brazilian OAS Group –subject to a judicially supervised restructuring procedure in São Paulo – which was a focus of the lava jato corruption investigation. Involving proceedings in BVI, Brazil and New York, the case raised significant cross-border insolvency issues and questions as to the residual powers of directors of BVI companies subject to insolvency processes.
  • Securing urgent appointment of provisional liquidators in the course of a high-profile US$1.6 billion insolvency matter involving multiple proceedings in the US, Hong Kong and Cayman, which involves substantial allegations of trade finance fraud on the part of one of the entities.
  • Representing the bondholders in the landmark US$1.5+ billion Constellation Oil & Gas restructuring.
  • Acting for Landsbanki Islands hf, in various proceedings including an application to stay all litigation against the insolvent Icelandic banks under EU Directive 2001/24 on the Reorganisation & Winding Up of Credit Institutions.
  • Acting for liquidators in fraudulent/undervalue transaction claim against the purported “white knight” of a failed major Asian broadcaster, relating to its film and television back catalogue.
  • Regularly acting in successful asset recovery actions on behalf of foreign insolvency office holders and victims of fraud.
  • Acting for Defendant subject to the largest ever pre-judgment Receivership ordered in the English courts in a US$2.4 billion claim, the largest case then before the Commercial Court.

Stuart is a member of the ​BVI Bar Association, the ​Chancery Bar Association, the Chartered Institute of Arbitrators and the London Common Law and Commercial Bar Association. He is also a member of the Recovery & Insolvency Specialists Association (RISA) and INSOL International.

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