Hamid Khanbhai

Consultant
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Hamid Khanbhai - Senior Associate, Campbells Grand Cayman - Litigation
"Hamid is very smart and helpful on complex issues." - Chambers and Partners, 2023
“Hamid Khanbhai is a brilliant lawyer for any serious litigation. Clever, quick, creative, dedicated, versatile and imaginative. I would always want him on my side.”
"I completely rely on Hamid for providing clear, concise and practical advice based on his understanding of the case, and of all the interests that are at stake in each situation." - Chambers and Partners

Overview

Hamid is a consultant in our Litigation, Insolvency & Restructuring group and has extensive experience dealing with large-scale multi-party cross border disputes.

Written and oral advocacy is an important part of Hamid’s practice, in addition to advisory work.

He has advised or acted for directors, shareholders, creditors, managers and other professional service providers in litigation and in relation to a broad range of commercial disputes, both pre- and post-liquidation. He has also acted for officeholders in high-profile restructurings and liquidations.

A number of Hamid’s 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 publishes and speaks on issues relevant to investment fund litigation, insolvency and restructuring.

Hamid is admitted to the Bars of the Cayman Islands, the British Virgin Islands and England & Wales. He is a Fellow of INSOL.

Expertise

  • Commercial Litigation
  • Insolvency and Restructuring
  • Cryptoassets
  • 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 cryptoassets.

  • Acting for the restructuring officers of Luckin Coffee Inc.
  • Acting for the company in a members’ scheme of arrangement which effected a multi-billion dollar demerger.
  • Acting for bondholders holding US$140m of debt in relation to the US$4bn restructuring of Ocean Rig by way of 4 inter-related schemes of arrangement.
  • Acting for the official liquidators of the manager of a multi-billion dollar group of private equity funds (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 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

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.