Arbitration and Alternative Dispute Resolution
Arbitration is recognized universally as a means of resolving disputes outside of the traditional judicial process, particularly in the construction and shipping industries. Our Attorneys are among those highly skilled and seasoned in the arbitration of commercial disputes, having represented clients in complex commercial arbitrations and in challenges to arbitral awards on points of law before the Supreme Court in Jamaica and Jamaica’s appellate courts.
Mediation is a mandatory process for most civil litigation matters before the Courts in Jamaica, and at Phillipson Partners, you will find Attorneys with vast experience in negotiation and mediation. Members of the firm have also appeared in commercial arbitration proceedings and in court-ordered mediations.
Our stellar reputation and experience in the field of litigation is enhanced by our proficiency in resolving disputes outside of the court room. Not all clients find litigation suitable. For some it is too combative or inconvenient. We are also highly skilled in resolving disputes through alternative methods including:
- Abritration
- Mediation;
- Negotiation
Bankruptcy and Liquidations
We represent both debtors and creditors in situations where debts are not paid. We commence and defend bankruptcy proceedings and liquidation of companies.
Residential and Commercial Property Conveyancing
Our Attorneys have vast experience in all aspects of real estate transactions, including: acquisition and disposals of residential properties, subdivisions and commercial projects; joint ventures; developments; construction projects and contracts; leases and real estate management; cross-border transactions; mortgages; and compliance issues relating to land use and regulations.
Our clients benefit from our significant experience in orchestrating complex, long-term projects that involve drafting documentation, facilitating negotiations, navigating legal and regulatory issues and, when necessary, litigating on their behalf. The firm also represents mortgage finance institutions and building societies.
As part of your purchase we can give you information on the taxes, costs/fees involved and documents required, such as opening and closing costs, transfer tax, lender’s fees, etc. Our conveyancing expertise spans private and public companies, institutional investors and government entities. We can address all your conveyancing issues, questions and concerns.
We provide a complete service which covers every aspect of a property transaction to assist individuals and a broad range of private sector institutions with procedures to dispose, finance, and develop land including:
- Condominium developments;
- Planning;
- Building and Engineering Contracts;
- Funding and Investment;
- Commercial Lending;
- Mortgages;
- Leases;
- Restrictive Covenant Modifications.
Commercial Litigation
Members of this department have the ability to combine exceptional trial and appellate capabilities with technical expertise and a practical understanding of the commercial and business environment in which our clients operate. The unique perspective these attorneys contribute to the firm’s practice, benefiting our clients who know that they are hiring not just skilled litigators, but skilled litigators with knowledge of the industry, its history, and its players, since our litigators are recognized across the island as leaders in their field.
Our team of experienced litigators have a wealth of knowledge and are proficient in dealing with all manners of disputes arising from business conflicts including:
- Breaches of contracts and contractual disputes;
- Competition Law;
- Banking and financial disputes;
- Construction and engineering disputes;
- Trademark, copyright and patent disputes;
- Shareholder issues;
- Partnership disputes.
Company & Corporate Law
We act as counsel to various institutions, including multinational corporations, banks, trust companies, building societies, credit unions, venture capitalists, private lenders and statutory agencies.
We advise on a wide range of corporate and commercial transactions including:
- Share issues, share and asset acquisitions and disposals;
- Corporate re-organisations;
- Takeovers and mergers;
- Methods of raising finance including loan finance and security arrangements;
- Commercial agreements;
- Insurance;
- Banking and finance, title finance, derivatives and securitizations;
- Insolvency, receiverships and liquidation;
- International loans and financing;
- Securities;
- Mortgages
Employment Law and Industrial Relations
Our team offers a full range of services in the area of employment and labour laws as well as industrial relations. We have a reputation for handling sensitive issues with the utmost professionalism.
Our expertise includes the drafting of collective bargaining agreements, setting up performance incentive and share-option schemes, labour negotiations, disputes and severance claims.
We are widely recognised as skilled and experienced in this area of activity and offers advice on every aspect of the law governing employment including:
- Negotiating and settling collective agreements and other forms of contracts of employment;
- Employee benefits;
- Staff incentive schemes;
- Termination of employment;
- Transfer of business;
- Trade Unions;
- Arbitrations and labour litigation.
Estate Planning Wills
Phillipson Partners offers a comprehensive range of services in this area including assisting clients to structure their business and financial affairs in the most tax efficient and cost effective manner. We assist our clients by drafting documents, settling estates and we advise both corporate clients and individuals on:
- Corporate tax planning;
- Acquisitions and mergers;
- Corporate re-organisations;
- Pension schemes and employee benefits;
- Probate and Administration of Estates;
- Wills
Family Law
We provide a complete service in respect of family law matters including:
- Divorce
- Maintenance of spouses and children;
- Custody of, and access to children;
- Habeas Corpus proceedings;
- Division of property and assets;
- Legal opinions and advice concerning family law matters;
- Cases involving private international law;
- Prenuptial agreements.
General Litigation
We have a team of very experienced commercial litigators and we provide our clients with first-rate advice and representation. The Firm has extensive experience in dealing with all types of litigation including:
- Financial and commercial matters such as banking and liquidation law, competition law, disputes involving contracts and the law governing copyrights, patents and trademarks;
- Insurance;
- Negligence;
- Tortious liability including personal injury claims;
- Employment law and Industrial Relations;
- Property, including vendor and purchaser disputes and interpretation of contracts;
- Applications for Judicial review of Administrative actions;
- Arbitrations;
- Defamation; and
- Medical Legal Matters.
Our counsel have appeared in all our Courts, including the Judicial Committee of the Privy Council in the United Kingdom (Jamaica’s highest Court).
Intellectual Property
The team offers general services in this area with special emphasis on patents, industrial designs, copyright, trade and service marks, rights to confidential information, as well as rights arising from new technologies, the media, entertainment and the arts.
We are committed to providing owners, creators and licensed users with the best commercial advice with respect to protecting and exploiting their Intellectual Property assets. We prosecute rights arising from all forms of IP
We support our clients in all aspects of intellectual property, from trade marks to Patent and copyright protection. We have a long tradition of working closely with our clients at all levels of intellectual property protection including the registration of trademarks, designs and patents, the licensing, renewal and monitoring of such property and the enforcement of rights to guard against infringement through oppositions, cancellations and litigation. We also advise and act for organisations and personalities in the entertainment field with respect to copyright protection.
Taxation
Our practice includes providing advice to corporate and non-corporate clients regarding taxes on income and capital gain, transfer tax on death, stamp duties, general consumption tax, property tax, customs and excise duties and other forms of taxation involving the extent and scope of the various taxing statutes, incidence of those taxes, the powers of the Revenue and the rights of the taxpayer to object and appeal. We provide representation to regulatory bodies, government departments and tax tribunals and advice on the assessment and administration of taxes.
The firm also gives tax advice on company reorganization, transfer between interconnected companies and the extent of anti avoidance provisions.
We offer guidance on tax planning, double taxation treaties, special incentive legislation applicable to particular sectors and statutory deductions on salaries (Education Tax, NHT, HEART Trust NTA and NIS contributions).