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ABoUt Us tHe FIRM

tHe teAM Meet oUR AssoCIAtes

PRACtICe AReAs

fosters. law

We are a full service law firm with a depth of expertise in civil and commercial litigation, corporate law, insolvency, conveyancing and property development working in a wide range of sectors including banking and finance, construction, hotels and tourism, shipping, gaming, insurance and securities. Our clients include financial institutions, large hotel developments, condominium associations, multi-national corporations, high net worth individuals, directors, trustees and private individuals. Our lawyers are personable, dedicated and competent driven by high standards and efficiency with the expertise and resources to deliver ultimate client satisfaction.

ABoUt Us

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tHe FIRM honesty . competence . dedication

Our Firm was founded in 1988, initially under the name Peter I. Foster & Associates by our Founder, Peter I. Foster, QC and is one of the longest serving and largest law firms in the Eastern Caribbean. We have recently branded to FOSTERS, to reflect the maturity and solidarity of our legal management team. Our Partners are highly regarded, and have served on many Government Advisory bodies, Boards of statutory agencies, and public and private companies. Our Head of Chambers, Peter I. Foster, QC is among few actively practicing Queen’s Counsel in the sub-region, our Managing Partner, Claire Greene-Malaykhan is known for her diligence and expertise in real estate, conveyancing and notarial services and our Senior Partner, Renée T. St. Rose is a known powerhouse, organized and diligent, ensuring delivery and satisfaction to our clients of the highest levels.

Our culture is founded on the values of HONESTY, cOmpETENcE and dEdicaTiON. This is demonstrated by the time we take to understand each client’s needs and employ pragmatic strategies to provide innovative solutions.

Our Firm is partner-driven, enabling us to provide relationship-based service to local, regional and international clients, in a wide range of sectors. We have successfully represented clients in a number of high profile landmark cases and complex cross border disputes. Our objective as a Firm is to consistently provide premier legal services to achieve every client’s ultimate satisfaction.

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Our team of lawyers and staff are

highly responsive, dedicated and

personable finding innovative solutions to your problems, always

seeking to deliver effective results.

Peter is the Head of Chambers and Partner at FOSTERS having founded the Firm in 1988. He is one of Her Majesty’s Council and foremost the leading litigator in Saint Lucia. Peter specializes in civil and commercial litigation with frequent appearances before the High Court, Court of Appeal and Privy Council.

Peter also heads the Firm’s Banking and Securities, Litigation, Corporate and Transactional and Insolvency and Restructuring portfolio and is a consultant on all litigation matters undertaken by the Firm.

Peter has acted as a High Court Judge in the British Virgin Islands and in Anguilla and as a Magistrate in Saint Lucia. He is a former Speaker of the House of Assembly of Saint Lucia, Chairman of the Saint Lucia Tourist Board, Chairman of the Saint Lucia Bureau of Standards, Mayor of Castries and Chairman of the Castries City Council.

He is an avid runner, having completed the New York Marathon on two occasions and maintains fitness as an important regime in his law practice.

Peter I FOster, QCHead of Chambers

Practice Areas

• BankingandFinance• Conveyancing• CorporateandCommercialLaw• Defamation• GovernmentContractsand IncentiveApplications• Insolvency&Restructuring• Litigation• Mortgages• PublicLaw

Admissions

• TheHonourableSocietyof Lincoln’sInn, UnitedKingdom,1983• SaintLucia,1983• Anguilla,1985• Tortola,1986• Grenada,2005• SaintKitts&Nevis,2010

tHe teAM

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Claire is the Managing Partner at FOSTERS having joined the Firm in October 1993.

Claire specializes in Succession Law, Intellectual Property Law, Corporate Law, Commercial Law, Contract Law and Insurance Law and heads the Firm’s Conveyancing and Mortgages portfolio. Claire is an expert in the preparation of complex mortgages and is the authority on Conveyancing, Succession Law, Intellectual Property Law and Corporate Law.

She handles the firm’s corporate business and mainly leads the Alien Landholding Licence applications, the structuring of investments for large property developments and for purchases of property in Saint Lucia by non-nationals and nationals alike.

ClaIre M.l. Greene-MalaykHanManaging Partner

Practice Areas

• BankingandFinance• Conveyancing• CorporateandCommercialLaw• EmploymentLaw• GovernmentContractsand IncentiveApplications• InsuranceLaw• IntellectualProperty• Mortgages• SuccessionLaw

Education

• LLB(Hons),Universityof theWestIndies,1991• L.E.C.,HughWooding LawSchool,1993

Admissions

• SaintLucia,1993

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Renée joined the Firm in 2003 and is a Partner at FOSTERS. She is a high-profile litigator and practices mainly commercial and corporate law specializing in high net worth liquidations, insurance, banking matters, commercial injunctions and preemptive remedies, with leading cases before the High Court, Court of Appeal and Privy Council.

She has extensive experience in corporate insolvency, joint ventures, securities and the structuring and restructuring of companies. She has a passion for public law and has appeared as a litigator in several widely publicized public law matters in Saint Lucia. She also enjoys trusts law and condominium law and has amassed a wealth of knowledge and experience in these areas.

Renée presently sits as a member of the Public Service Commission of Saint Lucia an appointment made by the Governor General under the Constitution of Saint Lucia.

She is the Chairperson of the Saint Lucia Legal Aid Authority, member of the Disciplinary Committee of the Saint Lucia Bar Association and a member of Bar Council of the Saint Lucia Bar Association.

renée t. st. rOse, senior Partner

Practice Areas

• BankingandFinance• CorporateandCommercialLaw• CondominiumLaw• ConstructionLaw• Conveyancing• DisputeResolutionandLitigation• InsolvencyandRestructuring• Litigation• Mortgages• PublicLaw• TrustsLaw

Education

• PgDip(Law),Manchester MetropolitanUniversity,2002• LLB(Hons),Universityof Buckingham,2001

Admissions

• TheHonourableSocietyofMiddle Temple,UnitedKingdom,2002• SaintLucia,2002• Tortola,2017

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Meet oUR AssoCIAtes

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Sahleem is an Associate at FOSTERS having joined our legal team in May 2014. Sahleem has amassed considerable experience in the areas of employment law, land law, debt collection, corporate and commercial litigation, family law and alternate dispute resolution. Sahleem enjoys litigation and advocacy and has made numerous appearances in all the Courts of Civil jurisdiction within the island, most particularly in the High Court and also in the Court of Appeal.

Sahleem is an elected member of the Bar Council of Saint Lucia. He also engages in the production of “the Brief”, the legal magazine published by the Bar Association of Saint Lucia.

saHleeM B.k. CHarles, lllB (Hons), l.e.C.

Ann-Alicia is an Associate at FOSTERS, having joined the firm in January 2016. She has had successes in the interpretation of legislation before the Court, judicial review and injunction applications and has appeared in all levels of the Court within the island. She is an avid researcher and has been lauded for research undertaken on the 5th Edition of Tort Law by Professor Gilbert Kodilinye. She also assists the Legal Aid Board where she has been commended.

Her primary focus is in corporate and commercial law, debt collection, employment law, property law and family law.

Ann-Alicia otherwise expresses interest in writing, film making and generally the Arts.

ann-alICIa n. FaGan, llB (Hons), l.e.C.

Peter A. H. Marshall is an Associate at FOSTERS where he enjoys a varied and vibrant practice spanning Commercial Law, Civil Litigation, Administrative Law, Conveyancing, Wills and Probate and Employment Law.

He holds a Bachelor of Laws degree from the University of the West Indies, Mona Campus, and is a graduate of the Norman Manley Law School. Peter also has the distinction of being an Island Scholar for St. Vincent and the Grenadines.

Peter has practiced in both Jamaica and Saint Lucia, appearing at every level of jurisprudence in both jurisdictions.

When not engrossed in the practice of law, Peter enjoys playing and watching football and participating in outreach projects.

Peter a. H. MarsHall, llB (Hons), l.e.C.

Rowana-Kay is an Associate at FOSTERS where she continues to garner substantial practice in litigation, family law, succession, corporate and commercial law and employment law. Rowana has appeared in all levels of the Courts on Island and has a passion for advocacy. She holds a Bachelor of Laws with First Class Honours and later graduated from The Norman Manley Laws School in Jamaica.

Rowana has a passion for advocacy having participated in moot court competitions in The United States of America and in England. She is a former Adjunct Tutor at the Faculty of Law at UWI in Jamaica where she tutored contract law, tort law and Public International Law.

When not engaged in the law, Rowana enjoys fine dining and watching Basketball.

rOwana-kay a.G. CaMPBell, llB (Hons), l.e.C.

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PRACtICe AReAsWe provide a comprehensive range of civil law and related services tocorporateandindividualclients.OurFirmhasalong-standingreputationfordeliveringclearconciselegaladvice, litigation,andinnovativesolutionstolegalproblemsinthefollowingsectors:Hotels&Leisure,Gaming,Insurance,FinanceandBanking,Construction,Energy,Utility,Industrial&Manufacturing,RealEstateandPropertyDevelopment,GovernmentandPublicInstitutions,Airline&Shipping,DistributionandRetail,Telecommunications,Media&Technology,Health.

DIsPUte resOlUtIOn anD lItIGatIOn

COMMerCIal law

COrPOrate law

COnVeyanCInG

eMPlOyMent anD laBOUr law

DeFaMatIOn/rePUtatIOn ManaGeMent

aDMInIstratIVe anD PUBlIC law

FaMIly law

nOtarIal serVICes

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arbitration & MediationArbitration and Mediation are alternative means to resolve disputes outside of the traditional court process. They present streamlined options to the client, which are sometimes more cost-effective than going through the litigation process. The rules of arbitration vary, and in most cases, are specified in sound contractual agreements. Arbitrations are presided over by a neutral party – an arbitrator or panel of arbitrators, mutually agreed to by both parties of the contractual agreement. The arbitrator is given the authority to make a decision with regards to resolving the dispute. Mediation may be compelled by the Courts in most civil litigation matters, and is facilitated by a trained neutral third party called a mediator. Unlike arbitration, mediation does not involve decision-making by the third party. However, the role of the mediator includes interpretation of concerns, relaying of information between the parties, and defining the problems. At FOSTERS, our attorneys are highly skilled in negotiations, and seasoned in arbitration of commercial disputes, having represented clients in complex commercial and individual arbitrations and mediations.

DisPutE REsolution AnD litigAtion

Civil & Commercial litigationThe success rate of our Firm in litigation matters is unsurpassed any other on the island. Our prowess as litigators is demonstrated by the long list of high profile cases and landmark litigation disputes in which the Firm has played a principle role over the past three decades. The Firm’s founder, Peter I. Foster, Q.C. is the most senior and experienced practicing litigator on the island, who has a reputation for providing accurate, clear and timely advice, with a passion to defend his client’s cause, up to the Privy Council level, when deemed necessary. Our services cover the full course of the dispute, such as pre-trial negotiations, preemptive measures, documentation and preparation for trial, summary judgment motions, trials, appeals and enforcement proceedings.

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Commercial ContractsCommercial contracts are legally binding agreements between parties, which specify terms and obligations governing the contractual arrangement. These contracts can be written, verbal, or implied formally or informally. At FOSTERS, our legal team focuses on understanding the needs of our clients, to ensure that their interests are protected under contractual arrangements. Our attorneys are highly experienced in negotiating and drafting contractual documents, as well as resolving contractual disputes through non-contentious means, and employing contentious measures where it is deemed necessary.

Banking law & Finance lawOur Firm represents leading commercial banks and other lenders, as well as debtors in banking and finance transactions. Our services include advising lending institutions and debtors in all aspects of finance, including debt and equity funding. We assist our clients with all aspects of structuring the deal, negotiations, documentation, and other issues to close the transactions related to simple and complex projects. In addition, we provide guidance on operational, regulatory and compliance issues.

CoMMERCiAl lAW

Insolvency and restructuringWe have experience in handling all legal matters related to distressed businesses that are either going into liquidation, or undergoing re-organization. Our Firm provides assistance on both contentious and non-contentious matters to a broad range of clients, which include corporate debtors, investors, asset purchasers, secured and unsecured creditors and company directors and shareholders.

taxation lawOur Firm has experience in handling both contentious and non-contentious matters related to our domestic and sub-regional tax laws. We offer advice to corporate and non-corporate clients regarding their rights and obligations relating to taxes on income and capital gains, property tax, value added tax, stamp duties, customs and excise duties, and other forms of taxation. We also offer tax guidance on company re-organizations, transfers between inter-connected companies, tax incentive legislation and double taxation treaties. On the contentious side, we handle disputes with public authorities in the form of litigation, appeals and tribunals.

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Intellectual Property lawWe offer all services related to the registration of trademarks and patents in Saint Lucia, including handling copyright claims and providing advice to our clients on protecting and exploiting their intellectual property assets.

Insurance lawOur Firm handles both contentious and non-contentious insurance matters. Our clients include insurance companies and the insured, and we undertake third-party claims, covering claims litigation and negligence matters.

trade law & CompetitionAmong other things, our attorneys provide clients with advice related to regulations, licensing and standards requirements that govern trade activities within the Caricom Single Market and Economy, and the Eastern Caribbean region.

Privatization & Public/Private Partnership arrangementsOur attorneys have a deep understanding of public sector operations, and are therefore well equipped to assist in creating innovative partnership vehicles and partnership agreements between the Government and the private sector. We also have experience in dealing with contentious matters related to partnership agreements.

Mergers and acquisitionsWe offer corporate and commercial advice to buyers and sellers in companies involved in major acquisitions and takeovers, and company re-organization. At FOSTERS, our attorneys are experienced in drafting agreements for partnerships and joint ventures, as well as shareholder agreements.

Corporate secretarial servicesWe provide a wide range of corporate secretarial services to existing companies, start-ups, and any business entity interested in starting operations in Saint Lucia.

Our services include the following:

Company incorporation Business name registration Company Tax Registration Incorporation and registration of charities Filing ‘strike-off’ applications for qualifying

companies that are no longer trading Company restoration applications for

companies that have been struck of the Company Register

Ensuring on-going regulatory compliance obligations are met, such as filing of annual returns, notifying changes in company structure and composition, registration and discharge of charges over company’s property.

Our clients include large developers and hoteliers,

major financial institutions, manufacturers, investors,

statutory bodies and condominium associations

established under our domestic condominium law.

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Mergers and acquisitionsWe offer corporate and commercial advice to buyers and sellers in companies involved in major acquisitions and takeovers, and company re-organization. At FOSTERS, our attorneys are experienced in drafting agreements for partnerships and joint ventures, as well as shareholder agreements.

Corporate secretarial servicesWe provide a wide range of corporate secretarial services to existing companies, start-ups, and any business entity interested in starting operations in Saint Lucia.

Our services include the following:

Company incorporation Business name registration Company Tax Registration Incorporation and registration of charities Filing ‘strike-off’ applications for qualifying

companies that are no longer trading Company restoration applications for companies

that have been struck of the Company Register Ensuring on-going regulatory compliance

obligations are met, such as filing of annual returns, notifying changes in company structure and composition, registration and discharge of charges over company’s property.

CoRPoRAtE lAW

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estate Planning, Probate and trustsWe offer a comprehensive range of services to assist our clients in structuring their property matters and financial affairs in the most tax efficient and cost-effective manner.

Our services include:

Advice on succession planning Establishment of trusts and other

asset protection vehicles Drafting and advising on wills Applications for grants of probate and

letters of administration (contentious and non-contentious)

Drafting and advising on powers of attorney

ConVEYAnCing

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Our Firm provides a full range of services related to the transfer of the title of real property from one person to another, including matters related to the granting of encumbrances such as mortgages and liens.

The services we provide fall under two categories:

real estateAt FOSTERS, our attorneys have experience in handling a broad range of real estate matters, including:

Acquisition and disposal of commercial properties Construction projects Condominium developments and management Mortgages Compliance issues related to land use

and regulations

The Firm has extensive experience in facilitating negotiations and drafting documentation associated with complex development projects, as well as navigating legal and regulatory issues, and litigating when necessary on our client’s behalf. Our clients include large developers and hoteliers, major financial institutions, manufacturers, investors, statutory bodies and condominium associations established under our domestic condominium law.

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Our Firm has a reputation for handling sensitive issues with a high level of professionalism. We offer a complete range of services related to employment and labour laws, and industrial relations.

These include:

Advising on industrial action Drafting of collective agreements Drafting employment contracts Advising on severance packages and claims Labour negotiations Representing clients through traditional

(litigation) and alternative dispute resolution on labour/employment related disputes.

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EMPloYMEnt AnD lABouR lAW

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DEFAMAtion/REPutAtion MAnAgEMEnt

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FOSTERS is the leading Firm on the island handling libel and defamation proceedings on behalf of both claimants and defendants. This is demonstrated by the several high profile cases handled by the Firm successfully over the past three decades. We also offer advice to individuals and corporations on the legal aspects of protecting their reputation.

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Our attorneys have a proven track record of handling complex sensitive matters related to judicial reviews, statutory appeals, inquiries, disciplinary proceedings, competitive tendering, environmental issues and public procurement. In addition, we offer advice on powers and administrative functions of government and other public and regulatory bodies.

ADMINISTRATIVE AND PUBLIC LAW

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FAMilY lAW

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notARiAl sERViCEs

Our Firm offers efficient notarial services, which include:

Preparation and authentication of various classes of documents for the transfer of title, which includes, but not limited to deeds of sale, hypothecary obligations, mortgage debentures, and wills

Administration of oaths and affirmations Taking of affidavits and statutory declarations

Our services include:

Drafting of pre-nuptial and cohabitation agreements relating to financial and property assets

Resolution of property and financial disputes, and matters related to care and custody of children in the context of divorce or separation

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“TreasureBay,L.L.C.isacasinoandhospitalitycompanywithpropertiesintheU.S.andCaribbean.FOSTERShasguidedourcompanythroughcomplexmatters,

includingtransactional,realestate,labourandconstitutionalandadministrativelawaswell

aslitigationoverthepast15years.

Workingwithhundredsofattorneysovertheyears,Ihavefoundtheprofessionalismwithinthisfirmtobetopnotch.Havingtheopportunitytospendmonthsasateampreparingforandinvolvedinlitigation,Iwitnessedfirst-handtheorganizationandintenseworkethicoftheFOSTERSteam.

WhenyouworkwithFOSTERS,youcancountonafirmwhoisnotjustinterestedincollectingafee,theytakeavestedinterestinthesuccessofyourcompanyandteam.Mycallsaretrulyansweredanytimeofthedayornight,andIhavegrowntovaluekeymembersoftheteamasmorethanjustcolleagues–

theyhavebecomefriends.

IwouldhighlyrecommendFOSTERSforyourlegalneeds”.

Susan VarnesPresident

Treasure Bay, L.L.C.

tEstiMoniAls

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“PeterI.FosterandhisTeamoflawyersatFOSTERSaretrulyprofessionaland“results”

oriented.SunwingTravelGroup/BlueDiamondResortshavetrustedFOSTERSforsoundlegalcounselovertheyears.Wehavetheconfidenceandcomfortthatallmattersarehandledeffectivelyandefficiently.Throughexcellentadvice,communicationandfollowthrough,wecontinuetoreceivethequalityofservicewerequire.TheTeamatFOSTERShaveconsistentlydeliveredfrompre-constructionintotheoperationandasaresult,wecontinuetotrustthem

withourlegalrequirements.

Iwouldrecommendtheirservices,withoutreservation”.

Anderson HowardRegional Director

Eastern Caribbean, Blue Diamond Resorts

“PeterFosterdoesnotscareeasily.Thatwasmyinitialimpressionofhimseemingly

countlessyearsago,whenhehadbarelygottenhispracticeunderwayandIwasindesperateneedofalawyertodefendmeinalibelsuitbroughtbythenation’smostpowerful,mostfearedcomplainant:theday’sgovernment.Peterwasnotmyfirstchoice.BeforereachingouttohimIhadsoughtassistancefromtheisland’smoreprominentlegaleagles,allofwhom,withexcusesmostinventive,had

turnedmedown.Ofcourse,theywerenevertoobusytostandonthesideofthebig

battalions.Theysoonlearned,asIhad,thattherelativeneophytePeterFostercombinedthefortitudeofGoliathandthecourageofDavid—nottosayhisfocusedastuteness.Wewonourcase,andseveralothersovertheyearsbroughtbysomewhowoulddenymemynewspaperman’srighttobringthetruthtolight.Theprecedent-settingPeterFosterandtheFOSTERSteamhavesuccessfully

representedtheSTARforcloseto30years,I’mhappytosay,andnotoncehaveIhadcausetoreconsidermyoriginalassessmentoftalents!”

Rick Wayne, OBEPublisher and Editor in Chief,

St Lucia STAR Newspaper

robin kelton BuildingChoc BayCastries lC02 501saint lucia

tel. 1 (758) 453 1100Fax. 1 (758) 452 4940email. info@fosters.lawwww.fosters.law