Stuart Cullen is counsel in our BVI Litigation and Insolvency practice. He specialises in cross-border insolvency and regularly advises creditors on the approach to recovery of debts from insolvent debtor companies.
Before joining us in 2015, Stuart practised at the Independent Bar in London, where his work focused on chancery and commercial matters. He remains a door tenant in chambers in London and an external member of the Law Library, Dublin. Stuart has wide ranging arbitration experience, including acting as sole counsel for corporate clients. Stuart's recent experience includes:
- Acting for the provisional liquidators in the application for the winding up of two BVI companies with debts in excess of US$1.5 billion. The debtor companies are linked to the Brazilian OAS Group – currently subject to a judicially supervised restructuring procedure in Sao Paolo – which was a focus of the lava jato corruption investigation. Involving proceedings in BVI, Brazil and New York, the case has raised significant cross-border insolvency issues and questions as to the residual powers of directors of BVI companies subject to insolvency processes.
- Acting for Landsbanki Islands hf, in various proceedings including an application to stay all litigation against the insolvent Icelandic banks under EU Directive 2001/24 on the Reorganisation & Winding Up of Credit Institutions.
- Acting for a Defendant subject to the largest ever pre-judgment Receivership ordered in the English courts in a US $2.4 billion claim, the largest case then before the Commercial Court.
- Appearing, led by silk, in the General Court of the EU in successful challenge to a European Commission decision: Atlantean v Commission (T-192/03).
- Wide ranging arbitration experience, including acting as sole counsel in a multi-million pound LCIA Arbitration arising from an alleged corporate raid on a Russian company.
- Regularly advising creditors on approach to recovery of debts from insolvent and suspected insolvent debtor companies.
Stuart is a member of the Chancery Bar Association, the Chartered Institute of Arbitrators and the London Common Law and Commercial Bar Association.
- England & Wales
- British Virgin Islands
- University College Dublin (Dip. Arbitration)
- University College London (LLM)
- University College Dublin (BA)
Stuart is recommended by Legal 500 in the British Virgin Islands.Legal 500