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
British Virgin Islands
Commerce House, Waterfront Drive
Road Town, Tortola VG 1110
British Virgin Islands
+1 284 852 1631

Timothy de Swardt is an English barrister who counsels clients in enforcing international judgments and recovering offshore assets. He litigates financial products and services matters, with particular experience in financial disputes involving fraud in offshore jurisdictions. Mr. de Swardt also handles cross-border insolvency cases.

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)

Select Engagements

  • 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.
  • 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.
  • 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)

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 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.
  • 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.
  • 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)