David Kessaram

David Kessaram
 

David Kessaram
Senior Counsel
Litigation Department

(441) 294 1504
 
David practices in the area of corporate and commercial litigation/arbitration. He has particular expertise in relation to insolvency and restructuring matters, insurance and reinsurance disputes, advising on hostile takeovers and shareholders' disputes and acting on breach of trust claims.

David served as Secretary of the Bermuda Bar Council from 1999 to 2001, Vice-President in 2001-2002 and its President from 2003 to 2005.

He is a Fellow of the Chartered Institute of Arbitrators and a member of the Executive Council of the Bermuda Branch of the Institute.  He is a member of the Criminal Injuries Compensation Board and an Honorary member of the Center for International Legal Studies. He is the Chairman of the Professional Conduct Comittee.

David is the author of the Bermuda chapter on International Execution against Judgement Debtors, published by the Center for International Legal Studies.

As well as practicing as an advocate, David sits occasionally as an Acting Justice of the Supreme Court and as an arbitrator.

He is a member of the Honourable Society of the Middle Temple and the Bermuda Bar Association. 

David has participated in the majority of the major commercial trials conducted in Bermuda. Examples of some of the cases in which David has been involved in the Bermuda Supreme Court, the Court of Appeal and the Privy Council include:
Margie Richardson v. Butterfield Executor & Trustee Co, Ltd - Bermuda trust litigation;
Maco S.A. v. Bank of Bermuda (et al) - Contract litigation;
Hubbard, Boden (et al) v. Cardenas - Bermuda trust litigation;
Littlewoods Organization v. Bank of Bermuda (et al) - Fraudulent conveyances;
Nationsbank v. Vitol Finance - Bermuda litigation in relation to U.S. bankruptcy proceedings;
Pamela Ellefsen v. Bermuda Trust Co. Ltd. (et al) - Enforcement of Foreign Judgment;
Simmons v. P.W.G. Suttle (Lloyds syndicate) - Insurance litigation;
Mutual Reinsurance Company Limited v. Peat Marwick & Mitchell & Co - Advising liquidators;
H.H. Thyssen-Bornemisza and LRT Trustee (Pvt) Ltd. v. G.H. Thyssen-Bornemisza, Favorita Holding Ltd. (formerly Tamara Corp. Ltd.), Thybo Trustees Limited and Tornabuoni Ltd. - Bermuda trust litigation;
Motion Picture Association of America v. Bermuda Cablevision Ltd. - Copyright dispute;
Absolute Alpha Fund PCC Ltd. and Aris Fund PCC v. Manhattan • Investment Fund Ltd. - Investors' claim;
de Heinrich v. Dermo Ltd. - Directors' dispute.

EDUCATION
B.A.,
McGill University, Canada.

Inns of Court School of Law, England

ADMISSIONS
England & Wales (now not practising), 1977
Bermuda, 1978

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