129 results found

The Supreme Court of Bermuda has clarified the rules for granting common law recognition and assistance to foreign office holders following the landmark Privy Council...

The scope and construction of Bermuda's Bribery Act 2016 (Act), was considered for the first time in the summer of 2019 by the Supreme Court of Bermuda in the case of X Limited v Y [No. 70 of 2019].

The Judge considered the Company's arguments that the winding up was sought to subvert the judicial process in Brazil and that the debts were already fully secured in Brazil.

The Cayman Islands Grand Court recently delivered its judgment in Re Shinsun Holdings (Group) Co., Ltd. FSD 192 of 2022 (DDJ) (21 April 2023) (unreported)...

This essay is the first in a three-part mini-series which will consider: the status of a settlor's letter of wishes, including the extent to which the trustee is bound by the settlor's wishes and the circumstances ...

There have been three major cases in recent years that warrant extended consideration in Part 2 of this mini-series: the New Zealand case of Clayton; the English case of Pugachev; and the Cook Islands / Privy Council case of Webb.

In Re Ping An Securities Group (Holdings) Limited [2022] SC (Bda) 25 Com (8 April 2022), the Supreme Court of Bermuda (the "Bermuda Court") declined to appoint the nominee of a first creditors' meeting...

This guide explores the latest legislative, regulatory and enforcement developments in Bermuda, and provides expert analysis on industry-wide topics.

Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.

The Rules of the Supreme Court of Bermuda 1985 and the Grand Court Rules of the Cayman Islands 1995 do not yet contain any detailed rules, practice directions, or guidance specifically...

Ultimately, the protector's role in relation to any given trust will be determined with regard to the express terms of the trust instrument. The powers granted to a protector can be broadly categorised as "positive" powers and "veto" powers.

Whilst both will give rise to a finding that a trust is invalid, sham trusts and illusory trusts are two very different beasts, as noted by the New Zealand Supreme Court:

This edition discusses identifying assets, domestic judgments, foreign judgments and arbitral awards.

This edition discusses identifying assets, domestic judgments, foreign judgments and arbitral awards.

Before determining which method of enforcement action will be most effective in a particular case, a plaintiff can exercise (as their resources permit and with regards to the state of pre-existing...

As the Covid-19 pandemic has forced much of the business world to move on-line, in the context of litigation that has meant the rapid adoption in many jurisdictions of remote court hearings.

Other than requiring that arbitration agreements be in writing, Bermuda's arbitration statutes do not require any specific form or format.