Robert Foote is a British Virgin Islands (BVI) and English disputes, insolvency, and restructuring barrister based at Spencer West in London, with nearly 25 years of experience in the BVI and England. Robert specialises in BVI law, focusing on complex BVI disputes, insolvency law, restructuring, and asset tracing claims, while also offering expertise in English law for multi-jurisdictional matters. His practice includes corporate and commercial litigation, director and shareholder disputes, insolvency disputes, asset tracing claims, all forms of interlocutory relief and court restructurings. Most of Robert’s work is cross-border in nature.
Having lived and worked in the BVI and Singapore, Robert has developed a deep understanding of BVI law and a robust Asia-Pacific client base, including clients in China, Hong Kong, Singapore, Malaysia, and Indonesia. He regularly collaborates with London law firms and accountancy practices – alongside onshore, midshore, and offshore law firms, funds, banks, office holders, directors, shareholders, creditors and debtors – to assist their clients with BVI law issues, complemented by his English law capabilities. With full rights of audience in both BVI and English courts, Robert is committed to delivering practical, cost-effective, and commercial solutions.
Robert has worked with leading offshore law firms, most recently Walkers, and previously Ogier, as well as two prominent London law firms. He spent nearly a decade building a successful BVI-focused litigation, restructuring, and dispute-resolution practice for Walkers in Singapore, where he also practised Cayman Islands law. Robert is one of the founder members of the Singapore Middle Temple Society.
Experienced in BVI corporate and commercial claims, ancillary proceedings, insolvencies, receiverships, and restructurings, Robert has been recognised as a leader in his field in the legal directories for over a decade. His established client base spans the BVI, Asia, and England, where he remains actively engaged.
A banking client recently commented, “Robert is an excellent lawyer, and a go-to for disputes. He is highly hands-on, responsive and adept at distilling key issues in complex situations. His ability to formulate strategic and practical advice with high efficiency is a true gem.”
Chambers Global have said that Robert “is brilliant, has great client management skills and attention to detail and keeps completely up to speed”, and “is very easy to work with”.
Chambers Global say “Robert Foote is recognised by the market as a ‘very capable and skilled’ corporate and insolvency litigator. He has a wealth of experience in acting in BVI courts, and has an in-depth knowledge of the jurisdiction.”
Who’s Who Legal 100 has commented: “Robert Foote is an ‘excellent adviser’ on insolvency, restructuring and asset recovery matters.”
Relevant experience:
- Advising a billion-dollar Singapore-based, southeast Asian healthcare group concerning an application by two directors/shareholders to appoint a liquidator of its holding company on the just and equitable ground. Advising the client about statutory mergers and making an application to have the winding-up petition struck out on the basis that the merger gives the petitioners relief that they are acting unreasonably in not accepting.
- Advising a major Singapore-based company on restructuring options, including the appointment of provisional liquidators and a members’ scheme of arrangement.
- Advising eight private equity houses on the recovery of redemption proceedings totalling US$300m, including advising in relation to statutory demands, stays in favour of arbitration, winding up, and arguments relating to substantive disputes about debts.
- Acting for a Singapore bank in relation to the recovery of a US$50m investment in its capacity as a trustee of a unit trust. Tracing those funds into BVI and the UAE. Making a momentous decision application to terminate the unit trust.
- Advising KrisEnergy, a Cayman Islands company listed on the Singapore stock exchange, on restructuring options, including the appointment of ‘light-touch’ provisional liquidators and the need to run a parallel scheme of arrangement.
- Representing the majority shareholders of the largest car tyre and battery manufacturers in Dubai in a shareholders’ dispute and successfully opposing applications to appoint liquidators of three companies on the just and equitable ground. The proceedings were settled by way of the valuation of forty or so companies in multiple jurisdictions, ultimately valued at hundreds of millions.
- Acting for a Dubai family in an asset tracing claim, tracing assets over US$1bn and tracing assets into Singapore, Austria, the British Virgin Islands and New York. The lawsuit involved appointing provisional liquidators in Singapore, section 1782 disclosure proceedings in New York and thirteen Norwich Pharmacal applications.
- Partner with the conduct of a US$500m bond restructuring for a company listed on the Hong Kong stock exchange with operations in Mongolia that involved multi-jurisdictional schemes of arrangement and Chapter 15 recognition in New York.
- Acting for court-appointed receivers, holding the ring pending the determination of litigation between two parties litigating for assets worth over US$100m. Assisting the Receivers with all aspects of their functions which involved advising them about taking control of the company’s assets, including the shares of a Japanese-listed company.
- Acting as an expert witness in the Singapore International Commercial Court, advising on misrepresentation and breach of contract claims for a claim over US$50m. Making written submissions, as counsel, in those proceedings.
- Acting as an expert before the High Court in Tel Aviv, Israel, concerning a shareholder dispute involving a holding company.
- Instructed by Shanghai Counsel to trace an investment of US$20m through various offshore companies into a company in the PRC. This involved obtaining Norwich Pharmacal relief and changing the boards of the offshore companies by appointing liquidators of them and then attempting to change the board of the PRC company to recover and sell its assets.
- Advising numerous high street and Swiss private banks and other institutional investors about the liquidation of various BVI Madoff ‘feeder’ funds. Advising the same clients in respect of mistake and restitution claims brought by the liquidators of those funds and about the subsequent appeals. The total value of all claims brought by the funds’ liquidators was more than US$1.4 billion. Advising clients and their New York Counsel about voidable transaction insolvency act claims that the funds’ liquidators have brought in New York.
- Advising, drafting and presenting a scheme of arrangement for the largest extruder of aluminium in the PRC. The scheme was multi-jurisdictional and involved multiple companies, including two Bermudan companies, a Samoan company and three Hong Kong companies.
