Erik Penz
Special Counsel | Bermuda,
Bermuda
Erik.Penz@kennedyslaw.com
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Profile
Erik Penz is Special Counsel practising commercial disputes out of our Bermuda office. He is called to the Bar of Bermuda and in Canada, and was a Foreign Legal Consultant in the Sultanate of Oman between 2017 and 2021.
Chambers & Partners ranks Erik as Up and Coming for dispute resolution in Bermuda in the Chambers Global Legal Guide 2025, noting his “wealth of international experience”. Legal 500 recommends Erik in its Caribbean 2025 guide, commenting that he is “notable for his expertise in international dispute resolution.”
Erik maintains a broad advocacy and advisory practice in complex contentious matters, particularly involving the insurance, construction and professional-services sectors. His practice areas include injunctions, winding-up petitions, arbitration enforcement, company disputes, policy claims and coverage disputes, international judicial assistance, and recognition of foreign insolvency proceedings and practitioners.
He has appeared as counsel before the Court of Appeal and the Commercial Court in Bermuda, as leading counsel before the Court of Appeal, Divisional Court, Superior Court and regulatory panels in Canada, before international and domestic arbitral tribunals, and in mediations in London and Canada.
Erik was a partner at Norton Rose in Canada for nearly 10 years and then practised international disputes in the Middle East for four years. He was counsel on leading insolvency, contract and private-international cases in Canada, and acted in high-profile litigation and international arbitration proceedings in the Middle East. Erik was profiled as a Leading Practitioner in The Legal 500’s Arbitration Powerlist for the Middle East in 2022 and 2023.
Erik’s practice covers all forms of dispute resolution, including insolvency and regulatory proceedings, and he has extensive experience with strategic/tactical litigation and multi-jurisdictional proceedings. Erik is a strong proponent of alternative dispute resolution (ADR) mechanisms such as mediation (including through the Centre for Effective Dispute Resolution in London), pre-trial settlement conferences, and negotiation.
Erik embodies all the qualities we look for in our disputes counsel. He is responsive, collaborative and thorough.
Market recognition
- Up and Coming for Dispute Resolution in Bermuda
"Special counsel Erik Penz is a Canadian-qualified lawyer with a wealth of international experience. He plays a key role on several of Kennedys' standout cases, including major insolvency and insurance coverage matters."
"Erik embodies all the qualities we look for in our disputes counsel. He is responsive, collaborative and thorough."
"Erik is a very thoughtful lawyer with excellent analytical skills."
Chambers Global 2025 - Recommended Lawyer for Dispute resolution in Bermuda
"Special counsel Erik Penz is… notable for his expertise in international dispute resolution."
The Legal 500 Caribbean 2025 - Recommended Lawyer for Insurance/Reinsurance in Bermuda
The Legal 500 Caribbean 2025 - Recommended Lawyer for Dispute Resolution in Bermuda
"Erik Penz provides meticulous attention to detail."
The Legal 500 Caribbean 2024 - Recommended Lawyer for Insurance/Reinsurance in Bermuda
"Erik Penz... possesses the requisite knowledge, experience and litigation skills necessary to provide strategic, common sense and sound legal advice."
The Legal 500 Caribbean 2024 - Leading Practitioner
The Legal 500 Arbitration Powerlist 2023 Middle East - Recommended Lawyer for Dispute Resolution in Bermuda
"I worked extensively with Erik Penz and his advocacy in articulating complex arguments, in particular the major dispute case we were working on, was invaluable."
The Legal 500 Caribbean 2023 - Leading Practitioner
The Legal 500 Arbitration Powerlist 2022 Middle East - Recommended Lawyer for Dispute Resolution in Bermuda
The Legal 500 Caribbean 2022 - Band 2 for Dispute Resolution in Oman
"Erik Penz is well versed in both arbitration and litigation... He is a Canadian barrister who acts as special counsel to the firm."
Chambers Global 2021 - Next Generation Partner for Dispute Resolution in Oman
"Erik Penz is highly skilled in disputes strategy. Very understanding of client needs."
"I worked closely with Erik Penz on a complex commercial dispute and found his litigation expertise and advice [were] excellent."
The Legal 500 EMEA 2021 - Up and Coming for Dispute Resolution in Oman
"Erik Penz is well regarded for his capabilities in arbitration... Clients summarise his skills by saying: 'He is highly responsive, with fine attention to detail. He's thorough, in-depth and strives towards excellence.'"
Chambers Global 2020
Awards
Work highlights
- Sole counsel in obtaining an anti-suit injunctions ex parte in 2023 and 2025 from the previous and current Chief Justices of Bermuda restraining policyholder and additional insureds from continuing US lawsuits commenced in breach of clauses in insurance policies requiring disputes to be arbitrated in Bermuda, coordinated with ex parte hearings the same day led by KCs in the London Circuit Commercial Court.
- HSBC v Vigilante [2024] (Bda) 74 civ.: sole counsel for the third party in striking out a defendant’s third party notice for the defendant’s intentional delay which amounted to an abuse of process.
- Sole counsel in obtaining adjournment of a winding-up petition on behalf of a minority shareholder due to Hong Kong inspection proceedings in which the underlying cause is a suspicion of oppression.
- Re Grosvenor Trusts [2024] SC (Bda) 60 civ.: local counsel for the Madoff trustee in seeking stay of the trustee’s appeals of the Grosvenor liquidators’ rejections of the trustee’s proofs of debt pending judgment in the US Bankruptcy Court.
- KPMG Tax Ltd v Majors [2023] Bda LR 96 addt’l reasons [2023] Bda LR 111 per Hargun CJ: local counsel in maintaining an anti-suit injunction at an inter partes hearing before the Chief Justice of Bermuda restraining US litigants from continuing US proceedings claiming $10m commenced in breach of clause in professional-services agreement to arbitrate any disputes in Bermuda, now on appeal before the Court of Appeal for Bermuda (judgment pending).
- Sole counsel for Bermuda reinsurer in opposing a petition presented by the Bermuda Monetary Authority seeking the winding-up of the reinsurer for, inter alia, allegedly failing to meet its Minimum Margin of Solvency.
- Leading counsel in striking out claims of $1.2m at admissibility hearing in ICC arbitration where the claimant failed to observe a pre-mediation requirement in a dispute-escalation clause.
- Acting for Bermuda insurer in English arbitration proceedings brought by US professional services firm in coverage dispute regarding an Employment Practices Liability Policy.
- Acting for two Bermuda reinsurers in arbitration proceedings brought by US captive insurer.
- Obtaining multiple contested adjournments of a winding-up petition whilst client successfully restructured in Hong Kong and China.
- Acting for Bermuda insurer in pursuing insured under a Healthcare Umbrella Liability Policy in arbitration for US legal costs incurred by wrongfully naming insurer as co-defendant in US litigation against other insurers.
- Successful petition to the Supreme Court of Oman, valued at $7.27m, for ENGIE subsidiary overturning on appeal decisions of lower courts and revenue authorities regarding how it accounts for its income pursuant to International Financial Reporting Standards (IFRS).
- Leading the arbitration team in ICC proceedings (following CEDR mediation) for publicly-traded global construction company responding to $32.9m claim brought by subcontractor, with a $21.2m counterclaim, in respect of delays in the construction of an airport.
- Leading the team in international arbitration defending against $12m claim for oilfield services, with expert issues including whether or not the work performed was within the scope of work or subject to variations.
- Leading counsel at arbitration hearings for IT multinational in pursuing a $2.4m claim against its local partner, including allegations of misuse of an escrow account.
- Successful petition to the Supreme Court of Oman overturning Appeal Court decision regarding the wrongful termination of long-term dealership contract.
- Junior counsel in construction arbitration for governmental entity, defending against contractor's $49m claim, reduced by 53% in award and then nullified on application to courts.
- Junior counsel in construction arbitration for EPC subsidiary of Singaporean public company in defending against $28m claim brought by Chinese contractor.
- York Condominium Corp v SEM Gas LP (2013) 362 DLR (4th) 127 (Ont SC) aff’d (2013) 369 DLR (4th) 343 (CA) — leading counsel obtaining dismissal of claim based on limitations defence; the leading Canadian case on when the limitation period begins for claim that contract is void.
- Khan Resources v ARMZ Uranium Holding Co (2013) 115 OR (3d) 1, 316 DLR (4th) 446 (CA) — junior counsel obtaining dismissal on basis of sovereignty and security for Russian state enterprises of C$300m claim brought by JV partner; a leading case on the application in Canada of the Hague Service Convention.
- Butcher Fuels v Superior Propane (2013) 18 BLR (5th) 283 (Ont SC) — sole counsel obtaining summary judgment dismissing termination claims of long-term distributor.
- Re Crystallex International Corp (2013) 3 CBR (6th) 307 (Ont SC (Commercial List)) — sole counsel for merchant bank on motion by noteholders seeking creditors’ meeting.
- Green v Kenora Prospectors & Miners Ltd (2008) 55 RFL (6th) 270 (Ont Div Ct) — leading counsel obtaining leave to appeal decision of case-management judge for lack of natural justice.
- Re Chamomile (a firm) (2006) 21 BLR (4th) 290 (Ont SC) — sole counsel for partner petitioning dissolution of firm; a leading Canadian case on judicial discretion in dissolving partnerships.
- Re Presbyterian Church of Sudan (2006) 275 DLR (4th) 512 (CA) — junior counsel for Repsol predecessor in successfully resisting requests from US court to the Canadian courts for evidence; a leading Canadian case on the law of international judicial cooperation.
- Intercontinental Forest Products SA v Rugo (2004) 191 OAC 24 (Div Ct) — junior counsel successfully resisting appeal regarding interlocutory-injunction judge's power to award costs.
- Re Air Canada (2003) 47 CBR (4th) 163 (Ont SC (Commercial List)) — sole counsel for Air Canada’s 12 largest unsecured creditors, with claims in excess of C$2.7bn, on motion to approve Lufthansa profit-sharing deal; a leading case regarding circumstances in insolvency proceedings in which a court should permit debtor to make payments for pre-filing obligations.
Presentations and publications
- Don’t let sleeping dogs lie: intentional delay and contumelious conduct in civil litigation (Kennedys) 2023
- International Arbitration chapter on Bermuda (Chambers Global Practice Guide) 2023
- International Arbitration chapter on Bermuda (International Comparative Legal Guide) 2023
- Arbitration trumps: Bermuda court confirms pro-arbitration approach (Kennedys) 2023
- Bermuda market arbitrations (Kennedys’ Bermuda Hot Topics panel discussion) 2022
- A quick reference guide to arbitration procedures in the USA, England & Wales, Bermuda and Canada (Kennedys) 2022
- International Arbitration chapter on Bermuda (Chambers Global Practice Guide) 2022
- International Arbitration chapter on Bermuda (International Comparative Legal Guide) 2022
- Restructuring & Insolvency chapter on Bermuda (International Comparative Legal Guide) 2022
- International Arbitration chapter on Oman (Chambers Global Practice Guide) 2020
- Gulf Expert Practice Notes on Arbitration (LexisNexis France) 2018 to 2020
- International Arbitration chapter on Oman (International Comparative Legal Guide) 2019
- Oman chapter in Dispute Resolution in the Gulf edited by Dr Gordon Blanke (LexisNexis UK) 2018
- International Arbitration chapter on Oman (International Comparative Legal Guide) 2018
- How are GCC legal systems viewed by Canadian courts? (Norton Rose) 2017
- Does offshore banking confidentiality hold up in Canadian courts? (International Law Office, Thomson Reuters Taxnet Pro and regulationtomorrow.com) 2017
- The long reach of Canadian civil liability for human rights impacts of foreign operations (Norton Rose) 2017
- Refusing jurisdiction over claim against Canadian mining company alleging battery abroad by its subsidiary (Thomson Reuters Taxnet Pro) 2017
- No jurisdiction: Evidence carries the day to beat speculative conspiracy (Norton Rose) 2016
- Jurisdiction in class actions: certification of a global class (Ontario Bar Association class actions section) 2016
- New frontiers for Canadian judges (Norton Rose) 2015
- Defending mineral tenure in Canada against foreign court orders (Canadian Mining Journal and mining.com) 2015
- Assuming jurisdiction in contract claims: diverging approaches of Canadian courts (Norton Rose) 2014
Banking and finance
Construction and engineering
Insurance and reinsurance