As the funds industry in Ireland continues to grow (33% growth in assets of funds serviced in Ireland between the years August 2005 and August 2006) there is a growing need to resolve commercial disputes which arise in this sector. Resolution of such disputes frequently requires the assistance of litigators who are not only skilled in the theory and practice of dispute resolution, but who have an excellent knowledge of the funds industry itself. A&L Goodbody offers specialist commercial and litigation expertise in this sector to deal with the full range of disputes that may arise, whether they are commercial or regulatory in nature.
Our clients include both funds domiciled in Ireland, investment managers and service providers to such funds, as well as other clients operating from Ireland. They consult us on a range of disputes, from breach of contract to negligence claims, to regulatory investigations. We are also experienced in advising on jurisdictional issues in funds litigation and assisting litigants in foreign jurisdictions.
We understand that it is in the interests of all parties to reach an agreement in order to facilitate the continuation of the business relationship. That is why we draw upon the full range of Alternative Dispute Resolution practices when actively seeking to resolve problems which have arisen between parties who wish to continue working together. This may take the form of facilitated negotiations or a formal mediation.
Where appropriate, we will vigorously pursue or defend court proceedings on our client’s behalf. The Commercial Court in Dublin is well equipped to deal with such disputes, and offers parties the ability to have their cases heard within 6-9 months of proceedings being issued.
Our recent experience includes:
- Restoring a Fund to the Register of Companies after it had been inadvertently struck off by the Registrar of Companies.
- Advising Fund Administrators and Custodians on negligence claims brought by Funds and Fund Managers.
- Advising Fund Administrators on the recovery of sums overpaid to unit holders.
- Acting for a leading international bank in high profile proceedings concerning an alleged breach of investment restrictions.
For information on our Investment Funds Group please click here.