Hamid Khanbhai - Senior Associate, Campbells Grand Cayman - Litigation

Overview

Hamid is a partner in our Litigation, Insolvency & Restructuring group and has extensive experience dealing with large-scale litigation and arbitration, as well as complex cross-border insolvencies and restructurings, particularly in the context of investment funds and digital assets.

Hamid has also given expert evidence on Cayman Islands law, including in the US District Court SDNY. Having practised as a barrister in a leading commercial set of Chambers in London, written and oral advocacy is an important part of his practice, in addition to advisory work. He has been described in the directories as “a brilliant lawyer for any serious litigation”.

Hamid regularly advises and acts for directors, shareholders or partners, creditors, investment managers and other professional service providers, in a range of commercial situations. He has significant expertise acting for officeholders and stakeholders in liquidations and restructurings, including high-profile cases such as Luckin Coffee Inc, Ocean Rig, and Abraaj.

A number of his instructions have involved advising and acting for companies (token issuers, investment funds, blockchain ecosystems), directors, and investors in connection with investments in cryptocurrency and other digital assets – including successfully resisting an application for injunctive relief over crypto tokens and contractual rights to tokens.

Hamid has given expert evidence of Cayman Islands law on matters concerning the conflict of laws, arbitration, and contractual interpretation, including in the US District Court for the Southern District of New York.

Expertise

  • Commercial Dispute Resolution
  • Insolvency and Restructuring
  • Digital assets
  • Investment Fund Disputes

Work Highlights

Hamid acts for liquidators, creditors, shareholders, directors, managers and other professional service providers in litigation and in relation to a broad range of pre and post liquidation disputes.

A significant part of Hamid’s recent work has included advising and acting for companies (token issuers, investment funds), directors, and investors in connection with investments in digital assets.

  • Acting for officeholders appointed for the restructuring of Luckin Coffee Inc.
  • Acting for bondholders holding a blocking position in relation to the US$4bn restructuring of Ocean Rig by way of 4 inter-related schemes of arrangement.
  • Acting for the company (owning well-known retail assets) in a members’ scheme of arrangement which effected a multi-billion dollar demerger.
  • Acting for the official liquidators of the manager of a multi-billion dollar group of private equity funds based in the Middle East (Abraaj).
  • Acting for the custodian and administrator in relation to a commercial claim for around US$2bn, which was brought by a fund that had placed its assets for investment with Bernard Madoff.
  • Advising on a STAR Trust in connection with the restructuring of a Brazilian company with more than US$1.9bn of debt.
  • Various section 238 ‘fair value’ petitions – advising the company or dissenters, including some of the largest cases by value so far in the Cayman Islands (Nord Anglia Education and 58.com).

Qualifications and Admissions

  • Attorney at Law Cayman Islands, 2015
  • Barrister of the Eastern Caribbean Supreme Court (British Virgin Islands), 2017 (non-practising)
  • Barrister admitted to the Bar of England and Wales, 2011 (non-practising)
  • Graduate Diploma in Law and Bar Professional Training Course – City University, 2010-2011
  • Princeton University – William Alexander Fleet Fellow, 2004-2005
  • Magdalen College, University of Oxford
    • BA (Hons) Modern Languages (French and Spanish), 2004
    • MSt History, 2006

Professional Associations

  • The Honourable Society of the Inner Temple
  • COMBAR (Commercial Bar Association)
  •  Fellow of INSOL

Recognition and Awards

Hamid has been recognised in Chambers & Partners (previously ranked for three years) and The Legal 500 (NextGen Partner):

Chambers and Partners, 2024

  • “… a pleasure to work with. His deep understanding of the law and ability to navigate complex issues have been instrumental in achieving successful outcomes.”
  • “… consistently goes above and beyond to provide thorough and comprehensive advice.”
  • “… is able to communicate and articulate his points extremely effectively, which shows he is a careful but incisive and shrewd practitioner. He is a superstar of the future.”

Legal500, 2024

  • “Hamid Khanbhai is an amazingly gifted lawyer who is set for a very bright future indeed in the partnership.”

Publications and News

News

Articles

  • From the Coronation Cases to Coronavirus – A Short History of Frustration.
    In business, contractual counter parties have been considering how unforeseen “supervening” events affect the rights and obligations of their agreements. Much has been written recently on ‘frustration of contracts’ (as well as the various other kinds of frustration), but where does this concept come from and is there anything to be learned from history about how might it be applied today?
  • Covid-19 Impact: Restructuring Debt in the Cayman Islands.
    As companies across many sectors look to restructure company and group debt in the face of demand and supply shocks that have rocked the global economy, advisors will need to carefully consider the restructuring forum.

Client Advisories

  • Sequana: Directors’ Duties and Creditors.
    The Supreme Court in England in BTI v Sequana [2022] UKSC 25 has clarified when directors owe duties to the company that should take into account creditors’ interests. The decision will be highly persuasive in the Cayman Islands on directors’ duties.
  • Marex: UK Supreme Court Reflects on Loss.
    In its long-awaited judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31, the UK Supreme Court has clarified the rule barring the recovery of reflective loss, which is likely to be of importance in most common law jurisdictions. The Court has narrowed the application of the rule to shareholders seeking to recover loss suffered in their capacity as shareholder.