Arbitration & Dispute Resolution

At the outset of a matter we devise a strategy to maximize the prospects of our client(s) meeting their objectives as quickly and cost effectively as possible, whether by negotiating a settlement, use of Alternative Dispute Resolution or by litigation. Courts are regarded as overloaded, slow and expensive. Some of the alternative ways to resolve disputes include mediation, arbitration and negotiation.

Our Jean M. Dyer, MCIArb is a certified and experienced arbitral practitioner. She regularly assists clients in large-scale, multi-jurisdictional arbitration cases. We are able to advise on proceeding to arbitration pursuant to the rules of various institutions as well as commencing ad hoc arbitrations. We advise on all stages of the arbitral process, from the genesis of the dispute to execution of the award. We also conduct litigation proceedings in support of arbitration or to seek enforcement of arbitral awards hand in hand with our asset recovery expertise. We are also experienced in court-connected mediation.

Civil & Commercial Litigation

We understand that litigation is rarely desirable, but in today’s increasingly contentious climate, disputes are commonplace. We are experienced in most areas of law in which contention can arise. According to Chambers & Partners, our Jean M Dyer is “especially noted for her litigation experise”. We specialise in complex high value commercial litigation claims and have trial experience in a number of jurisdictions in the OECS particularly in St. Kitts & Nevis. We also regularly advise on matters such as injunctive relief, freezing orders and receiverships in Anguilla, St. Kitts & Nevis and elsewhere in the English-speaking Caribbean. We have worked closely with leading English and regional Counsel and are able to incorporate their specialties into the service offered to our clients.
Our litigation practice includes:-

• Actions for breach of fiduciary duty
• Administrative law
• Anti-money laundering compliance issues
• Constitutional challenges
• Construction
• Contentious trusts and estates
• Contractual disputes of all kinds
• Commercial litigation (derivative actions, minority shareholder disputes, taking action to preserve property and restrain unlawful dealings in assets eg by obtaining or defending freezing and disclosure injunctions)
• Defamation proceedings
• Enforcement of foreign judgments
• Family and matrimonial law
• Insurance
• Judicial review actions
• Jurisdictional and conflict of law issues
• Negligence, professional negligence and other tortious claims
• Personal and fatal injury claims
• Planning applications and appeals
• Property ownership and landlord issues
• Regulatory issues including telecommunications

We offer a responsive, strategic and commercial approach to the way we advise on resolving disputes and the way we handle litigation for our clients.

Corporate and Commercial

JM Dyer & Co has considerable practical expertise in this area of law. We are regularly instructed on high value commercial transactions and have earned a reputation for providing sound, practical and quality advice and solutions to our clients. Specifically, we frequently advise local and international clients in relation to the incorporation and administration of companies and other corporate vehicles, redomiciliations, mergers and acquisitions, corporate financing and/or restructuring, shareholder agreements and disputes and other corporate and commercial matters in both Anguilla and St. Kitts & Nevis. We provide legal services on all aspects of corporate and business law, including:-

• Advising on general company law, joint ventures, partnerships and shareholder disputes;
• Drafting of specialized memorandum and articles where required;
• Drafting non-disclosure and confidentiality agreements;
• Drafting Joint ventures and shareholder agreements;
• Opinions in relation to existing corporate structures;
• Acquisition and disposal of shares in Anguillan and Nevisian companies and business assets;
• Legal due diligence reports;
• Advising on fiduciary issues for directors; of Anguillan and Nevisian companies;
• Advising on shareholder disputes including derivative actions;
• Advising in relation to voluntary and involuntary liquidations;
  Advising on corporate restructuring and reorganizations;
• Re-domiciliation of corporate vehicles from other jurisdictions to Anguilla or Nevis;
• Migration of corporate vehicles from Anguilla or Nevis to other jurisdictions;
• Provision of legal opinions to banks and private lenders;
• Local licensing advice including business licenses.

If you require specialized services relating to corporate law in Anguilla or Nevis please do not hesitate to contact us.

Estate Planning, Wills & Probate

Who wants to think about their own death? NO one

Who is immortal? NO one

So who needs a will? EVERYONE!!

The death of a family member or close friend is traumatizing and overwhelming. The loss can be made even more difficult if you have been named an executor, as there are a number of legal matters that must be immediately addressed in order to protect the estate and manage risk. We can assist you with carrying out your executor duties. Through our personal and compassionate approach, we help ease stress and provide peace of mind for individuals going through the often daunting probate or estate administration process. At JM Dyer & CO our experienced team can help with all aspects of probate and estate administration including:-

• Preparation of wills and powers of attorney;
• Contesting Wills;
• Advising trustees and beneficiaries of their rights under a will;
• Obtaining Grants of Probate/Letters of Administration;
• Representing clients in estate dispute resolution and litigation;
• Resulting and constructive trust claims;
• Removal or substitution of personal representatives; and
• Trustee removal applications

Our services are confidential and can assist in eliminating the stress that often accompanies estate settlement. For further details, please contact us. We will be delighted to assist you with any questions you may have regarding your estate planning needs.

Family Law

We know that any breakdown in a relationship will be a difficult, emotional and stressful experience. The consequences affect where you live, and most importantly, any children involved. We aim to deal with all family issues and disputes expeditiously and economically and wherever possible to try and resolve conflict with the minimum acrimony. At JM Dyer & Co we provide a range of services including:-

• Drafting domestic contracts including pre-nuptial contracts, nuptial settlements and separation agreements;
• Advising on financial and property issues;
• Annulments;
• Petitioning for divorce and negotiation of divorce settlements;
• Obtaining and defending protection orders under the Domestic Violence Act;
• Adoptions; and
• Addressing children’s issues including custody, access, maintenance and child abduction.

We will guide you through the process to minimize your worries and concerns.

Immigration & Labour

The Employment Laws of Anguilla were recently updated. We know that these extensive changes can present particular challenges to the unfamiliar. We offer prompt, practical and confidential advice to both employees and employers on the full range of employment issues. These services include:-

• Offering legal advice and drafting legal opinions on various issues of labour legislation;
• Drafting, negotiating, reviewing and advising on employment contracts, handbooks and policies and procedures;
• Advising on temporary lay-offs, the termination of contracts and negotiating severance packages for both employers and employees;
• Representation in disciplinary proceedings;
• Preparing and bringing actions before the Labour Tribunal or the High Court regarding labour related disputes;

We can also assist with all immigration procedures for both corporate and individual clients completing, among others, in the most simple and prompt way possible the complex procedures for obtaining:-

• Entry permit applications
• Extensions
• Passport applications
• Residency applications
• Belonger status applications
• Naturalization applications
• Work permits;

If you are considering living and/or working in Anguilla or have related questions, feel free to contact us by email or otherwise and we will be happy to provide you with further, more detailed information, relating to the requirements, projected costs and considerations.

Real Estate & Development

In the last 20 years there has been a dramatic growth in real estate investment and development in Anguilla. Over the last 10 years, our Jean M. Dyer has represented purchasers, vendors and commercial developers on all types of real estate and construction transactions and agreements. We accordingly have extensive experience in advising, negotiating, structuring and preparing all types of contracts for developers on all types of real estate development. We serve clients in securing title to real estate for offices and residences. Our particular areas of expertise include:-

• Property sales and purchases in Anguilla and Nevis;
• Property due diligence;
• Hotel developments, sales and acquisitions;
• Building and construction agreements;
• Mortgages, Charges or Bills of Sale;
• Leases and Licenses;
• Powers of Attorney;
• Landlord & Tenant including eviction proceedings,
• Applications for prescription and partition
• General advice and services in relation to: easements; restrictive agreements; boundaries and boundary disputes; rights of way; registration of cautions and inhibitions; profits a prendre; and other matters touching on real estate in Anguilla
• Alien-landholding licence Applications - Non-belongers of Anguilla require a licence before being able to purchase real estate such as a house, villa or condominium. Thus application must be made in the prescribed form with supporting character and financial references. We assist clients in all stages of the application process, advising what is required and compiling and submitting the application on their behalf.

If you intend to build, rent, buy or sell residential or commercial property, we can make your task easier. Our professional experience and knowledge of the residential and commercial markets enables us to offer you extremely useful and insightful advice and assistance.

Shipping and Maritime

A Registry of British Ships is situated in Anguilla and it is relatively simple and inexpensive to register a vessel under 150 tons. Registration of larger ships will generally not be possible. We offer the full range of services required to secure the registration of vessels in Anguilla and advise on all matters relating to the acquisition, financing and transfer of vessels in the territory.

JM Dyer & Co. is in a position to expedite and simplify all aspects of the Registration process, including:-

• Checking availability of vessel names;
• Assisting with the preparation and submission of applications generally;
• Advising on and organizing ships surveys in Anguilla and (Note Anguilla will accept surveys carried out by recognized Societies such as Bureau Veritas and Lloyds of London);
• Advising on and organizing engravings; drafting and preparation of rental/leasing agreements between the company and the client;
• Drafting of waiver of liability agreements for commercial and pleasure craft;
• Obtaining radio licences;
• Advising in relation to Anguilla cruising permits and import duties payable on vessels staying within Anguilla.

Feel free to contact us outlining your situation and we will be pleased to provide more detailed information in relation to the costs, timeframes and other considerations which can be anticipated.