Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 21 DECEMBER 2023

Arbitration Clauses & Insolvent Winding Up Proceedings: The Cayman Anomaly

Appleby
Appleby
Contributor
Appleby

Appleby

Appleby is a leading offshore law firm. The team of legal specialists advise global public and...

View firm profile
Explore more from Appleby

In FamilyMart the Privy Council confirmed that distinct legal and factual issues raised in just and equitable winding up proceedings are arbitrable. It follows that arbitration clauses...

GlobalLitigation, Mediation & Arbitration
Andrew Jackson
Andrew Jackson
Will Porter
Will Porter
Author LinkedIn connections

Much has been written in the wake of the Privy Council's decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp about how Cayman is a pro-arbitration jurisdiction. In this article, we consider the recent Grand Court decision in Re BPGIC Holdings Ltd and ask whether Cayman is as pro-arbitration in the context of insolvent winding up proceedings.Much has been written in the wake of the Privy Council's decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp about how Cayman is a pro-arbitration jurisdiction. In this article, we consider the recent Grand Court decision in Re BPGIC Holdings Ltd and ask whether Cayman is as pro-arbitration in the context of insolvent winding up proceedings.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Fraud, Asset Tracing And Recovery 2026 – Cayman Islands (Commercial Dispute Resolution, CDR)

Explore the comprehensive legal framework for fraud litigation in the Cayman Islands, including cross-border asset tracing mechanisms, discovery tools, and enforcement strategies. Learn how the jurisdiction's experienced judiciary handles complex international fraud disputes through freezing orders, Norwich Pharmacal applications, and innovative funding arrangements.
Cayman IslandsLitigation, Mediation & Arbitration
Carey Olsen
Carey Olsen
Article

Final Means Final: Wei v Wang And The Common Law Enforcement Of Foreign Judgments In The Cayman Islands

A recent English High Court decision confirms that foreign judgments may be enforced even when extraordinary review procedures remain available, provided the judgment presently determines the parties' rights. The case also reinforces that natural justice defences are reserved for genuine procedural unfairness, not disagreements with foreign courts' conclusions. How does this ruling align with the Cayman Islands' established approach to foreign judgment enforcement?
Cayman IslandsLitigation, Mediation & Arbitration
Appleby
Appleby
Article

Thalassa Investments LP: Section 22 And Specific Discovery - Strategic Considerations For Limited Partners Seeking Information And Documents

The Grand Court's decision in Thalassa Investments LP examines the boundaries of discovery rights in just and equitable winding up proceedings, particularly when limited partners allege serious misconduct by general partners. This ruling clarifies the strategic considerations limited partners must weigh when choosing between pursuing their statutory right to information under section 22 of the Exempted Limited Partnership Act versus obtaining documents through traditional discovery processes.
Cayman IslandsLitigation, Mediation & Arbitration
Appleby
Appleby
Article

Injunctive Relief In Another Form? Cayman Court's Jurisdiction To Appoint JPLs Despite Ongoing Arbitration

In Peakwave Investment Management Ltd v Energy Evolution GP Ltd ,[1] the Grand Court confirmed that it has jurisdiction to appoint provisional liquidators notwithstanding the fact that the company's shareholders are engaged in an arbitration over its affairs, as mandated by a binding arbitration agreement. This article considers the decision and its implications.
Cayman IslandsLitigation, Mediation & Arbitration
Appleby
Appleby
Article

BMA Sets Out Phased Path To A Bermuda Insurance Resolution Regime

The Bermuda Monetary Authority has published a consultation paper outlining the first phase of a resolution regime for the commercial insurance sector, designed to align with international standards. The framework establishes the BMA as the Resolution Authority with five core objectives and defines which insurers will fall within scope. This phased approach raises important questions about governance, recovery planning, and the practical implications for domestic insurers and Internationally Active Insuranc
BermudaInsurance
Appleby
Appleby
Article

The Long Game: How Bermuda Became The World’s Life Reinsurance Capital

Bermuda has emerged as the dominant global hub for life and annuity reinsurance, now holding over $900 billion in US life and annuity liabilities and accounting for 84% of all US reserves ceded offshore. This analysis examines how the island's sophisticated regulatory framework, purpose-built infrastructure, and commercially engaged regulator have created a structural advantage that extends beyond its traditional catastrophe reinsurance roots into long-dated life business from the US, UK, and Asia.
BermudaInsurance
Appleby
Appleby