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Timothy de Swardt photo
Timothy de Swardt
Lawyer
British Virgin Islands
Commerce House, Waterfront Drive
Road Town, Tortola VG 1110
British Virgin Islands
+1 284 852 1631
timothy.deswardt@kobrekim.com
vCard Download 
British Virgin Islands
Commerce House, Waterfront Drive
Road Town, Tortola VG 1110
British Virgin Islands
+1 284 852 1631
timothy.deswardt@kobrekim.com
vCard Download 

Timothy de Swardt is a barrister admitted in England and the BVI who regularly represents high-value clients in enforcing international judgments and recovering offshore assets, often in cases arising from misappropriation, fraud, and the proceeds of crime. Mr. de Swardt also handles cross-border insolvency cases and trusts and estates disputes.

Mr. de Swardt has regularly appeared in high-stakes matters in the BVI Commercial Court, including the China Zenix litigation, misfeasance claims by the liquidators of Barrington Capital Group against its former director, discovery proceedings in aid of Project Wickenby in Australia, the Durant and Kildare insolvency proceedings, and asset recovery proceedings initiated by the liquidator of FCI Markets, Inc.

Through his global asset recovery practice, Mr. de Swardt has worked extensively with local counsel in foreign jurisdictions such as Australia, Bermuda, Brazil, the Cayman Islands, the Cook Islands, Cyprus, Dubai, Liechtenstein, Nevis, New Zealand, Russia, Switzerland, and the United States.   

Who’s Who Legal has ranked Mr. de Swardt as a leading asset recovery lawyer, commenting that he “enjoys the praise of peers on the international stage and is known for his proficiency enforcing foreign judgments and assisting in the recovery of offshore assets."

Prior to joining Kobre & Kim in the BVI, Mr. de Swardt practiced at the Chambers of William Clegg QC, 2 Bedford Row, in London.

SERVICES

Admissions

  • Barrister, Eastern Caribbean Supreme Court (British Virgin Islands)
  • Barrister, England & Wales

Education

  • College of Law, UK, LLB
  • Oxford University, MSc
  • Columbia University, BA

Accolades

  • Who's Who Legal, Asset Recovery
  • Astbury Scholar, Harmsworth Scholar, and Harmsworth Entrance Exhibition (Middle Temple)
SERVICES

Select Engagements

  • Representation of Process & Industrial Developments Ltd., an international engineering company from the BVI, to enforce a US $9 billion arbitration award against the Federal Republic of Nigeria.
  • Representation of joint liquidators of FCI Markets, Inc. (in liquidation) regarding attempts to recover assets belonging to FCI Markets and settle the company’s obligations to its creditors.
  • Representation of NTT DoCoMo Inc., Japan’s predominant mobile telephone provider, in enforcing a US $1.2 billion London Court of International Arbitration (LCIA) arbitration award against Tata Sons Ltd., the holding company for India’s top business conglomerate Tata Group, and culminating in a settlement involving full payment of the award to NTT DoCoMo.
  • Representation of a Chinese maritime vessels and equipment manufacturer in proceedings in the British Virgin Islands involving millions of dollars in dispute against several debtors arising from oil rig construction contracts.
  • Representation of liquidators appointed by the Australian Tax Office (ATO) for two related Australian agricultural companies subject to liquidation as a result of high-value tax liabilities in filing a Norwich Pharmacal application to pursue discovery against several offshore entities believed to hold assets of the companies in liquidation.
  • Further to the above, representation of the liquidators appointed by the Australian Tax Office (ATO) for two related Australian agricultural companies in pursuing further discovery under 28 U.S.C. Section 1782 in the U.S. District Court for the Southern District of New York against several large financial institutions to produce records of money wiring in aid of contemplated proceedings to trace misappropriated funds belonging to the companies in liquidation.
  • Representation of individual claimant in preparing and filing an application in the British Virgin Islands ("BVI") in respect of London Letters of Request to domesticate same in BVI and serve.
  • Representing a defendant BVI company in successful opposition by minority shareholders to an application in the BVI Commercial Court in a large investment fund for permission to commence derivative proceedings in the name of the BVI company in the U.S. District Court for the Southern District of Florida against directors accused of breach of fiduciary duties, fraud and the making of secret profits. The allegations involved disputed expert evidence on minority shareholder oppression, conflicts of law, disputes issues of forum and detailed accounting evidence.
  • Representation of a judgment creditor in Korea in the enforcement of a default judgment entered of approximately ₩5 billion (US $5 million) affirmed by the Supreme Court of the Republic of Korea, against a judgment debtor with operations and assets in Hong Kong, the British Virgin Islands, Canada and several other locations.
  • Representation of the liquidators of Barrington Capital Group in pursuing claims against a former director for fraudulent trading and misfeasance.
  • Representation of the liquidating trustee of the Petters estate in pursuing claims against former investors, subsequent transferees, and fund managers.
  • Representation of a BVI holding company in proceedings in the BVI Commercial Court to discharge a Black Swan Injunction obtained in support of $85 million conspiracy claim ongoing in London.
  • Representation of various shareholders of China Zenix Auto, a China-based commercial wheel manufacturing company incorporated in BVI and listed on the NYSE, in a shareholder dispute in the BVI against a U.S. institutional investor in respect of allegations arising from a proposed restructuring of China Zenix.
  • Representation of two BVI companies owned by BVI trusts in proceedings initiated by governmental actors and agencies to recover unpaid sums out of trust funds in the BVI.
  • Assisting a company incorporated in Saint Kitts and Nevis to recover $1 million+ in funds allegedly misappropriated by its sole director, a corporate services provider.
  • Representation of a Spanish multinational in dispute with a corporate finance advisory boutique in respect of fees allegedly due from advice on a major debt restructuring. Successfully challenged the jurisdiction of the English court to hear the dispute in favor of the Spanish court.
  • Representation of Asia-based business executive in a multijurisdictional investigation involving allegations of fraud, bribery, and money laundering.
  • Advising wealthy Central American family on issues related to cross border implications of a politically motivated prosecution in their home country. The repercussions include an offshore asset freeze.
  • Representation of a significant property investment fund in an alleged joint venture dispute relating to a £200 million+ development.
  • Representation of a shareholder in evaluating potential litigation strategies against certain other shareholders based in the British Virgin Islands and Hong Kong.
  • Representation of a U.S. software company in connection with recovery of license fees and proceedings in the English High Court for breach of a commodity trade risk management (CTRM) contract by a foreign oil and gas company.
  • Provision of BVI insolvency and asset recovery advice to an international law firm in connection with a BVI liquidation resulting from an alleged Ponzi scheme.
  • Representation of a U.S. restaurant franchise in the enforcement of a guarantee against a BVI company in respect of defaults by its Russian affiliate.
 

Professional & Community Involvement

  • INSOL International, Member
  • Recovery and Insolvency Specialists Association, Member
  • Chartered Institute of Arbitrators, Member
  • Honourable Society of the Middle Temple, Member
  • Society of Trust and Estate Practitioners (STEP), Member
SERVICES

Publications & Presentations

  • Co-author, "Asset Recovery — British Virgin Islands" (Getting the Deal Through, 2014, 2016, and 2017)
  • Co-author, The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2016, BVI Chapter (Global Legal Group, March 2016)
  • Co-author, "Enforcing Arbitral Awards: Success Lies In The Strategy" (Law360, April 2016)
  • Co-author, "Aspects of the Failed US Department of Justice Prosecution of Ex-UBS Senior Executive Raoul Weil" (Gore-Browne Special Release, March 2015)
  • Co-author, "Solving Cases - Civil Asset Recovery 2014 (British Virgin Islands)"
  • Contributing author, The International Comparative Legal Guide to International Arbitration — 10th Edition (Global Legal Group, 2013)
  • Co-author, "Issues of Jurisdiction, Separate Corporate Personality, Asset Recovery and Information Gathering: Recent Pro-Creditors Decisions from New York," (Gore-Browne Special Release, February 2013)
  • Co-author, "Offshore Jurisdictions and Chasing Unpaid Taxes to the Sun — pitfalls and some possible solutions," (Gore-Browne Special Release, March 2012)
SERVICES

Credentials

Admissions

  • Barrister, Eastern Caribbean Supreme Court (British Virgin Islands)
  • Barrister, England & Wales

Education

  • College of Law, UK, LLB
  • Oxford University, MSc
  • Columbia University, BA

Accolades

  • Who's Who Legal, Asset Recovery
  • Astbury Scholar, Harmsworth Scholar, and Harmsworth Entrance Exhibition (Middle Temple)

Engagements

  • Representation of Process & Industrial Developments Ltd., an international engineering company from the BVI, to enforce a US $9 billion arbitration award against the Federal Republic of Nigeria.
  • Representation of joint liquidators of FCI Markets, Inc. (in liquidation) regarding attempts to recover assets belonging to FCI Markets and settle the company’s obligations to its creditors.
  • Representation of NTT DoCoMo Inc., Japan’s predominant mobile telephone provider, in enforcing a US $1.2 billion London Court of International Arbitration (LCIA) arbitration award against Tata Sons Ltd., the holding company for India’s top business conglomerate Tata Group, and culminating in a settlement involving full payment of the award to NTT DoCoMo.
  • Representation of a Chinese maritime vessels and equipment manufacturer in proceedings in the British Virgin Islands involving millions of dollars in dispute against several debtors arising from oil rig construction contracts.
  • Representation of liquidators appointed by the Australian Tax Office (ATO) for two related Australian agricultural companies subject to liquidation as a result of high-value tax liabilities in filing a Norwich Pharmacal application to pursue discovery against several offshore entities believed to hold assets of the companies in liquidation.
  • Further to the above, representation of the liquidators appointed by the Australian Tax Office (ATO) for two related Australian agricultural companies in pursuing further discovery under 28 U.S.C. Section 1782 in the U.S. District Court for the Southern District of New York against several large financial institutions to produce records of money wiring in aid of contemplated proceedings to trace misappropriated funds belonging to the companies in liquidation.
  • Representation of individual claimant in preparing and filing an application in the British Virgin Islands ("BVI") in respect of London Letters of Request to domesticate same in BVI and serve.
  • Representing a defendant BVI company in successful opposition by minority shareholders to an application in the BVI Commercial Court in a large investment fund for permission to commence derivative proceedings in the name of the BVI company in the U.S. District Court for the Southern District of Florida against directors accused of breach of fiduciary duties, fraud and the making of secret profits. The allegations involved disputed expert evidence on minority shareholder oppression, conflicts of law, disputes issues of forum and detailed accounting evidence.
  • Representation of a judgment creditor in Korea in the enforcement of a default judgment entered of approximately ₩5 billion (US $5 million) affirmed by the Supreme Court of the Republic of Korea, against a judgment debtor with operations and assets in Hong Kong, the British Virgin Islands, Canada and several other locations.
  • Representation of the liquidators of Barrington Capital Group in pursuing claims against a former director for fraudulent trading and misfeasance.
  • Representation of the liquidating trustee of the Petters estate in pursuing claims against former investors, subsequent transferees, and fund managers.
  • Representation of a BVI holding company in proceedings in the BVI Commercial Court to discharge a Black Swan Injunction obtained in support of $85 million conspiracy claim ongoing in London.
  • Representation of various shareholders of China Zenix Auto, a China-based commercial wheel manufacturing company incorporated in BVI and listed on the NYSE, in a shareholder dispute in the BVI against a U.S. institutional investor in respect of allegations arising from a proposed restructuring of China Zenix.
  • Representation of two BVI companies owned by BVI trusts in proceedings initiated by governmental actors and agencies to recover unpaid sums out of trust funds in the BVI.
  • Assisting a company incorporated in Saint Kitts and Nevis to recover $1 million+ in funds allegedly misappropriated by its sole director, a corporate services provider.
  • Representation of a Spanish multinational in dispute with a corporate finance advisory boutique in respect of fees allegedly due from advice on a major debt restructuring. Successfully challenged the jurisdiction of the English court to hear the dispute in favor of the Spanish court.
  • Representation of Asia-based business executive in a multijurisdictional investigation involving allegations of fraud, bribery, and money laundering.
  • Advising wealthy Central American family on issues related to cross border implications of a politically motivated prosecution in their home country. The repercussions include an offshore asset freeze.
  • Representation of a significant property investment fund in an alleged joint venture dispute relating to a £200 million+ development.
  • Representation of a shareholder in evaluating potential litigation strategies against certain other shareholders based in the British Virgin Islands and Hong Kong.
  • Representation of a U.S. software company in connection with recovery of license fees and proceedings in the English High Court for breach of a commodity trade risk management (CTRM) contract by a foreign oil and gas company.
  • Provision of BVI insolvency and asset recovery advice to an international law firm in connection with a BVI liquidation resulting from an alleged Ponzi scheme.
  • Representation of a U.S. restaurant franchise in the enforcement of a guarantee against a BVI company in respect of defaults by its Russian affiliate.

Professional & Community Involvement

  • INSOL International, Member
  • Recovery and Insolvency Specialists Association, Member
  • Chartered Institute of Arbitrators, Member
  • Honourable Society of the Middle Temple, Member
  • Society of Trust and Estate Practitioners (STEP), Member

Publications & Presentations

  • Co-author, "Asset Recovery — British Virgin Islands" (Getting the Deal Through, 2014, 2016, and 2017)
  • Co-author, The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2016, BVI Chapter (Global Legal Group, March 2016)
  • Co-author, "Enforcing Arbitral Awards: Success Lies In The Strategy" (Law360, April 2016)
  • Co-author, "Aspects of the Failed US Department of Justice Prosecution of Ex-UBS Senior Executive Raoul Weil" (Gore-Browne Special Release, March 2015)
  • Co-author, "Solving Cases - Civil Asset Recovery 2014 (British Virgin Islands)"
  • Contributing author, The International Comparative Legal Guide to International Arbitration — 10th Edition (Global Legal Group, 2013)
  • Co-author, "Issues of Jurisdiction, Separate Corporate Personality, Asset Recovery and Information Gathering: Recent Pro-Creditors Decisions from New York," (Gore-Browne Special Release, February 2013)
  • Co-author, "Offshore Jurisdictions and Chasing Unpaid Taxes to the Sun — pitfalls and some possible solutions," (Gore-Browne Special Release, March 2012)