The petition debt must be disputed on substantial grounds. It is an abuse of process to use the winding up court as a debt collection agency.
If the Court is to accede to an application to restrain a winding-up petition,...more
The circumstances in which an unsuccessful party in arbitration may resist enforcement of an award in the Cayman Islands are limited in number and narrow in scope.
The judiciary are alive to the risk that parties may run...more
8/21/2024
/ Books & Records ,
Cayman Islands ,
DIFC ,
Enforcement ,
Estoppel ,
Ex Parte ,
Hague Convention ,
Injunctive Relief ,
International Arbitration ,
Jurisdiction ,
LCIA ,
Liability ,
Limited Partnerships ,
Public Policy ,
Stays
There are two approaches for determining whether a decision is final or interlocutory: the "application test" or the "order test".
For the purpose of an application for permission to appeal from the Court of Appeal of the...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
Where a company’s liquidation is necessary, deciding who or where is best placed to administer an orderly wind down for the benefit of creditors can be difficult: the shortfall of assets in an insolvency will highlight...more
10/6/2022
/ Bankruptcy Code ,
Cayman Islands ,
Chapter 15 ,
COMI ,
Companies Act ,
Creditors ,
Debt Restructuring ,
Debtors ,
Jurisdiction ,
Jurisdictional Requirements ,
Liquidation
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
As part of our five year anniversary celebrations of our law firm opening in Bermuda, we put together the original version of this summary report highlighting the latest developments and trends in the Bermuda legal and...more
7/28/2022
/ Anti-Money Laundering ,
Bermuda ,
Cybersecurity ,
Digital Assets ,
Economic and Financial Affairs Council (ECOFIN) ,
EU ,
FinTech ,
Foreign Entities ,
Hong Kong ,
Initial Public Offering (IPO) ,
Insurance Industry ,
Insurtech ,
Investment ,
Jurisdiction ,
Reinsurance ,
Reporting Requirements ,
Restructuring ,
Stock Exchange ,
Trusts