News & Analysis as of

UK Privy Council Cayman Islands

Walkers

Less Appeals? Cayman Islands Court of Appeal clarifies the test for leave to appeal to the Privy Council

Walkers on

In a recent case the Cayman Islands Court of Appeal has refused to grant leave to appeal to the Judicial Committee of the Privy Council in respect of an injunction ordered in support of a foreign arbitration....more

Conyers

Cayman Islands Litigation: Reflecting on the Year 2023

Conyers on

As the Grand Court of the Cayman Islands reopens for 2024, we reflect on 2023 and some of the large-scale cross-border insolvency and restructuring proceedings, and complex commercial disputes dealt with in the jurisdiction...more

Conyers

Cayman Islands Shareholder Remedies: Stays in Favour of Arbitration

Conyers on

On 20 September 2023, the Privy Council delivered the much-anticipated judgment in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33, on appeal from the Cayman Islands Court of...more

Jenner & Block

English Courts Provide Guidance on Staying Court Proceedings in Favour of Arbitration

Jenner & Block on

English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if...more

Conyers

Cayman Court of Appeal Provides Important Guidance on Leave to Appeal to the Privy Council in Re Changyou.com Limited

Conyers on

On 20th December 2022, the Cayman Islands Court of Appeal (“CICA”) delivered its second judgment in the matter of Changyou.com Limited v Fourworld Global Opportunities Fund Ltd & others (“Changyou.com case”). The CICA...more

Conyers

Guidance For Trustees Dealing With Insolvent Trusts: The Z Trust Cases

Conyers on

In October 2022, the Privy Council delivered its judgment in the Z Trust case of Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity as Executor of the Estate of the late Mdam Intisar Nouri) (Jersey) which was...more

Walkers

Insolvent trusts: pari passu indemnification of successive trustees & the importance of creditor expectations – A view from the...

Walkers on

Introduction - The Judicial Committee of the Privy Council has handed down its long-awaited judgment in the joined cases of Equity Trust (Jersey) Ltd v Halabi and ITG Ltd and others v Fort Trustees Ltd, each focusing on...more

Conyers

Cayman Enforcement of Foreign Arbitral Awards: The Pro-Enforcement Objective and Purpose of the Law

Conyers on

In the recent judgment of Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) [2022] UKPC 21, the Privy Council upheld the...more

Conyers

Appeals from the Cayman Islands to the Judicial Committee of the Privy Council: a Summary of the Rules

Conyers on

The Judicial Committee of the Privy Council (‘the JCPC’) is the final and highest Court of Appeal for the Cayman Islands, eleven other British Overseas Territories, three Crown Dependencies and nine commonwealth countries...more

Conyers

Cayman Islands Court of Appeal Effectively Rewrites Section 238 of the Cayman Islands’ Companies Act

Conyers on

In a recent judgment in the case of Re Changyou.com Limited, CICA (Civil) Appeal 6 of 2021, delivered on 16 September 2022, the Cayman Islands Court of Appeal has applied the interpretative provisions of section 25 and...more

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