The BVI and the Cayman Islands both have regimes in place to address unfair prejudice suffered by shareholders, although each jurisdiction approaches the issue differently.
The threshold for successfully bringing an...more
3/12/2025
/ British Virgin Islands ,
Business Entities ,
Cayman Islands ,
Companies Act ,
Corporate Dissolution ,
Corporate Governance ,
Corporate Misconduct ,
Minority Shareholders ,
Shareholder Litigation ,
Shareholders ,
Unfair Prejudice ,
Winding Up Petitions
Where a debt is due under an agreement (and assuming there is no binding non-petition clause in effect), it is possible to take steps to wind up the company without first proceeding to arbitration, in accordance with the...more
A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a...more
Emerging from the COVID-19 pandemic, inflationary pressures and increasing interest rates have continued to have a negative impact on the global economy. This has caused a significant increase in the number of creditor...more
The Eastern Caribbean Supreme Court Civil Procedure Rules 2000 (as amended) (the "CPR") manifest a clear intention to create a comprehensive regime to ensure that there is at all times an address within the jurisdiction at...more
As part of our series looking at the potential impact of recent cases on the future decisions of the Cayman Islands, BVI and Bermuda Courts relating to crypto assets, we consider the English decision of LMN v Bitflyer...more
As part of our series looking at recent BVI and Cayman Islands cases affecting the Middle East we look at the recent case of Sheikha Amena Ahmed H.A. Al-thani et al v Sheikha Aisha Mohammed Ali Abdullah Al Thani et al, in...more
As part of our series looking at the potential impact of recent cases on the future decisions of the Cayman Islands and the BVI Courts relating to crypto assets, we consider the recent English decision of Tulip Trading...more
Courts in offshore jurisdictions have started to adopt the decisions of the English Courts when granting relief with respect to the dissipation and recovery of crypto-assets. One example is the recent decision in ChainSwap v...more
Executive Summary -
Where multiple Cayman Islands entities in the same corporate structure become subject to insolvency proceedings (e.g. Cayman Islands master/ feeder fund structures), the Cayman Islands Courts will...more
The Insolvency and Dispute Resolution team at Walkers in Dubai continue to advise on the impact of the recent sanctions imposed on Russia in an offshore context, including whether such sanctions can give rise to a defence for...more
7/8/2022
/ Business Disputes ,
Cayman Islands ,
Commercial Contracts ,
Contract Disputes ,
Economic Sanctions ,
Force Majeure Clause ,
Foreseeability ,
Frustration of a Common Purpose ,
Impossibility ,
Military Conflict ,
Nonperformance ,
Russia ,
Trade Relations ,
Ukraine