Biography

Mr. Potts has a wide-ranging commercial litigation and arbitration practice, with a particular focus on disputes in the fields of banking, financial services, investment funds, insurance, reinsurance, professional negligence, aircraft finance, company law, trusts and contentious insolvency.

Mr. Potts regularly advises and acts for Bermuda’s international business entities, including Class 4 insurance and reinsurance companies situated in Bermuda, captive insurers, exempt companies, insolvency practitioners, banks, trust companies, fund managers, fund administrators and fund custodians, as well as professional service providers (including law firms, accountants, and insurance intermediaries).

Mr. Potts also advises and represents US, London Market and international insurers/reinsurers on offshore matters, and international clients actively involved in the offshore trusts, funds and financial services industries (including creditors, shareholders, directors & officers, trustees, trust protectors, trust beneficiaries, and trust settlors).

Mr. Potts has conducted cases and appeared as counsel before a variety of first-instance and appellate courts, arbitration tribunals, and regulatory tribunals, in England and Wales (where he practiced as a barrister from 4 Pump Court, Temple), Bermuda and the Cayman Islands.

Mr. Potts’ recent reported cases include:

• Phoenix Global and Phoenix Capital v Citigroup & Bank of Bermuda [2007] Bda LR 61, [2009] Bda LR 68, [2009] Bda LR 70;
• In the matter of Stewardship Credit Arbitrage Fund Ltd [2008] Bda LR 67;
• Saad Investments Company Limited (in Caymanian Liquidation) v Green Way Special Opportunities Fund Limited & Credit Agricole (Suisse) SA [2010] Bda LR 83;
• Grayken v Grayken [2011] Bda LR 15;
• Oil Basins Ltd v Conticommerce SA & Fondation Anora [2012] Bda LR 7;
• In the matter of Kingate Management Limited [2012] Bda LR 14, [2012] Bda LR 63; and 
• In the matter of A Trust [2012] SC (Bda) 72 Civ; [2013] SC (Bda) 21 Civ.

Affiliations, Activities and Accomplishments

Mr. Potts is a member of a number of professional organizations including; Chartered Institute of Arbitrators, COMBAR (Honorary Member), Chancery Bar Association (Overseas Member), Young ICCA and LCIA YIAG. Mr. Potts is a graduate of Sedgwick LLP’s Trial Academy, an advanced advocacy training programme. He also speaks French and Modern Greek.

For a number of years, Mr. Potts has been recognized by The Legal 500 and by Chambers Global as a leading Dispute Resolution lawyer in Bermuda. He has been described by these independent legal directories as “top class”, “very strong”, and “very capable in the hedge fund arena in particular”.  

Some of Mr. Potts recent publications include:

• 'Corporate Hospitality Could be Scrutinized under Possible New Anti-Bribery Laws’, co-authored with Chen Foley, The Royal Gazette (April 26, 2013)
• 'Commercial Litigation in Bermuda', chapter co-authored with Narinder Hargun, in 'Offshore Commercial Law in Bermuda' (Wildy's, 2013) ed Ian Kawaley
• 'Madoff: the litigation fallout continues’, co-authored with Eleanor Heine, Insurance Day (September 27, 2012)
• ‘Current Trends in Discovery Regulations: A Bermuda and Offshore Perspective’, chapter co-authored with Mark Chudleigh, ‘Inside the Minds: Complying with International Discovery Regulations’ (Aspatore Books, September 2012)
• ‘The International Comparative Legal Guide to Corporate Recovery and Insolvency 2012’, Bermuda chapter co-authored with Nick Miles (ICLG, 6th edition, 2012)
• 'International Insolvency Co-operation in Bermuda', paper co-authored with Robin Mayor for the American Bankruptcy Institute's International Insolvency and Restructuring Symposium held in Dublin, October 2011
• 'International Insolvency Co-operation in Bermuda: Arrested Development?', Insolvency Intelligence (2011) Vol.24 No.2 Pages 27-29
• 'Exclusive Jurisdiction and Arbitration Agreements: Will they be enforced in Bermuda in the event of an insolvency?', International Corporate Rescue (2011) Vol. 8, Issue 3.
• 'International insolvency co-operation in Bermuda: an update', Corporate Rescue and Insolvency (February 2011), Vol 4.1 Pages 14-15
• Bermuda Chapter, co-authored with Narinder Hargun, in Enforcement of Money Judgments (Juris Law Publishing, 2011)
• 'E-disclosure offshore', in Litigation & Dispute Resolution 2010, Financier Worldwide Ebook (Financier Worldwide, 2010)
• Case commentary on Kingate Global Fund Ltd v Knightsbridge (USD) Fund Ltd in 'International Trust and Estate Law Reports', [2010] 12 ITELR 850
• Bermuda Chapter, co-authored with Narinder Hargun, in International Commercial Dispute Resolution (Tottel, 2009), ed Jonathan Warne
• Bermuda Chapter on 'Enforcement of Foreign Judgments' in Judicial Cooperation in Civil & Commercial Litigation in the British Offshore World (Wildy's, 2009) ed Ian Kawaley, Andrew Bolton and Robin Mayor
• Bermuda Chapter on 'Intermediaries, Investment Managers, and Hedge Funds', co-authored with Anthony Whaley and Paul Smith in Legal Aspects of the Financial Crisis (Globe Law & Business, 2009), ed Eugenio A Bruno
• 'The Hedge Fund Redemption', AIQ Alternative Intelligent Quotient, Issue No. 31 , 2009
• 'Improving the System: Commercial and Trust Litigation and the Commercial Court in Bermuda', STEP Journal (July/August 2009)
• 'Can a Hedge Fund Make Redemption Payments "In Kind" by way of the Issue of "Participation Interests" in its own Illiquid Assets, and What is the Status of a Redeeming Investor who has not Received any Payment at All?' (2009) Hedge Fund Law Report, Volume 2, No. 13
• 'Specific Performance of IT Contracts', co-authored with Duncan McCall QC, 13 December 2006, Journal of the Society for Computers and Law (SCL)

Mr. Potts’ past speaking engagements include:

• ‘Recent Developments in Hedge Fund Litigation and Liquidations’, Bermuda Bar Association and various professional audiences, May 2013
• ‘Developments in Hedge Funds and Offshore Professionals’ Liability’, Sedgwick’s Insurance Seminar Series (London), October 18, 2012
• ‘Dealing with Captives: Pitfalls for the Unwary’, Sedgwick’s 10th Annual Hot Topics Seminar for the Bermuda Insurance Market, October 3, 2012, and various professional audiences, March 2013
• ‘Introduction to the 2005 Hague Convention on Choice of Court Agreements’, Hague Conference on Private International Law (Bermuda), May 23, 2012 
• ‘Recent Developments in Hedge Fund Litigation and Liquidations’, Bermuda Bar Association and various professional audiences, June 2012
• ‘Recent Developments in Hedge Fund Litigation’, Keynote speaker at Conyers Dill & Pearman's 10th Annual Offshore Law Forum (New York), September 2011
• ‘Recent Developments in Hedge Fund Litigation’, Conyers Offshore Law Seminar (London), June 2011
• ‘Recent Developments in Hedge Fund Litigation’, Bermuda Bar Association and various professional audiences, May 2011
• ‘Trusts law update: the Rule in Hastings-Bass’, various professional audiences, April 2011
• ‘Recent Developments in Hedge Fund Litigation’, Bermuda Bar Association and various professional audiences, March 2010
• ‘Legal Issues arising out of the Global Financial Crisis: What went wrong with regulation? Underlying causes and lessons to be learned: an offshore perspective’, May 2009, COMBAR North America Conference (Chicago), May 2009
• ‘Recent Developments in Hedge Fund Litigation’, Bermuda Bar Association, February 2009
• ‘Professional Negligence Disputes’, Bermuda Bar Association, September 2008
• ‘Privilege, Exceptions and Governing Law in International Litigation and Arbitration,’ COMBAR North America Conference (Berlin), May 2008
• ‘Admissibility and Discovery of Electronic Evidence’, Conference on 'Security, Fraud Risk Management and Forensic Investigations', Institute of Internal Auditors and Information Systems Audit and Control Association, May 2008
• ‘Taking Witness Statements and Dealing with Witnesses’, Bermuda Bar Association, February 2008
• ‘Recent Developments in Commercial Litigation and Arbitration in Bermuda’, various professional audiences, December 2007
• ‘The Liability of Directors and Officers: and Directors' Defences and Indemnities’, various professional audiences in the Cayman Islands, May 2006