The Disputes Resolution practice group has seen a significant rise in the number of disputed statutory mergers in the Cayman Islands. This trend has been driven, principally, by the dramatic increase in the number of ‘take-private’ transactions by company founders and management of Cayman Islands companies operating businesses in the Far East, and the increasingly common shareholder dissent from such mergers.
As one of the first Cayman firms to be active in this area, our Merger Disputes team specialises in representing dissenting shareholders, dissatisfied with the offer merger consideration, in proceedings to determine the fair value of the shares. Appleby’s Merger Disputes team offers a first-choice, dissenter-focused practice in Cayman Islands merger disputes, both in respect of appraisal rights claims and advising on fiduciary duty considerations which often arise in this context.
Appleby currently represents both individual dissenters and consortiums of dissenters on a number of merger dispute cases, having been appointed as counsel in such cases in recognition of its expertise and proven track record. Disputes have ranged across a wide range of industries, including mobile phone technology, oil & gas, medical technology, hospitality chains and e-commerce, many of which have operated in the People’s Republic of China.
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