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  • Article

    Send In The Troops? Proportionality, Notice And The Appointment Of Joint Provisional Liquidators In The Cayman Islands

    Where there has been a purported fraud requiring investigation into the affairs of a company, the appointment of JPLs over the company may be an available remedy.
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Settling Litigation In The Cayman Islands

    The thought of settling in the Cayman Islands almost always evokes images of white sand beaches, calm blue seas and maybe even a cold piña colada.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
Conyers
  • Article

    Shanda: Minority Discounts In S.238 Fair Value Proceedings

    The Board of the Privy Council (Board) recently handed down its decision in Shanda Games[1], a case involving the determination of "fair value" of shares pursuant to s.2i38...
    Cayman IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    中国山水:是终结的开始,还是开始的终结?

    开曼群岛上诉法院最近推翻了 Mangatal 法官于 2018 年 10 月 19 日就天瑞(股东)提请之按公平公正的理据将中国山水清盘的呈请所作的拒审庭令。上诉法院
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Decision In Re Harbinger Class PE Holdings (Cayman) Ltd – A Step Forward For Open-Ended Funds?

    The recent decision in Re Harbinger Class PE Holdings (Cayman) Ltd confirms that the traditional "impossibility" test for loss of substratum will be applied in the context of a Cayman Islands company...
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Receivers´ Fees In Money Laundering Cases: The Effect Of Acquittal And The Return Of Restrained Assets

    The Chief Justice of the Cayman Islands has delivered an important judgment on the application of the Proceeds of Criminal Conduct Law (PCCL), which reflects the balance that the Law itself seeks to strike between the objective of securing assets to meet any confiscation order upon conviction and ensuring that the proprietary rights of third parties are not prejudiced.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Redemptions Re-examined, Rectification Refined – In Re Herald Fund SPC

    Herald Fund SPC (Herald) was one of the larger Madoff feeder funds and made headlines recently when it settled the competing claims between it and Irving Picard (the Trustee in Bankruptcy of the Madoff estate).
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    The Use of Depositions in Cayman

    In the course of international litigation a party may seek to depose a future witness of fact using powers available to that litigant under the laws of another jurisdiction or under powers of the domestic court.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    你有没有据实相告?有限合伙人的知情权

    开曼群岛大法院近期公布了Dorsey Ventures Limited(原告)诉XIO GP Limited(被告)(編號FSD 38 of 2018,unreported 22 October 2018)一案的判决。该判决就开曼群岛豁免有限合伙企业中
    Cayman IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Update: Cayman Islands Confidential Relationships Law Now Repealed

    By way of update to our eAlert of 16 May, we can report that with the gazetting and immediate entry into force of the Confidential Information Disclosure Law, 2016...
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Cayman Privy Council Provides Important Clarification Of The Rights Of Current And Former Trustees

    The Cayman Islands' Privy Council in a consolidated decision of two unconnected Court of Appeal cases from Jersey and Guernsey, clarified the method of dealing with a trust which has insufficient assets to...
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    In The Courts: Fund Disputes

    Funds were very much in view in the offshore courts during 2018 with the high-profile liquidations of Abraaj and Platinum Partners in the Cayman Islands ...
    Cayman IslandsFinance and Banking
    Appleby
    Appleby
  • Article

    A Quick Guide To Judicial Review In The Cayman Islands

    Judicial review allows applicants with sufficient interest in a decision or action by a public body to ask the Grand Court (the Court) to review the lawfulness.
    Cayman IslandsLitigation, Mediation & Arbitration
    Mourant Ozannes
    Mourant Ozannes
  • Article

    Al Sadik v Investcorp: Cayman Grand Court Provides Guidance On Interim Payments And Orders Consequent Upon The Grant Of An Anti-Suit Injunction

    The August 2019 judgment of Kawaley J, sitting in the Grand Court of the Cayman Islands (the "Grand Court"), in Riad Tawfiq Al Sadik v Investcorp Bank B.S.C & Ors (FSD 47 of 2009) has provided litigants with judicial guidance.
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Can A Party Seek To Delay The Publication Of A Final Judgment In The Cayman Islands?

    The Grand Court's judgment in Jafar v Abraaj Holdings [2025] CIGC (FSD) 69 confirms that delaying publication of final judgments after an open trial will be truly exceptional.
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Cayman Islands Litigation Funding: An Undertaking From A Third-Party Funder May Be Adequate Security

    The Singapore Court recently delivered its judgment in Hyflux Ltd (in compulsory liquidation) v Lum Ooi Lin [2023] SGHC 113 ("Hyflux"). Despite the litigation funding landscape being slightly different in Singapore, the reasoning in Hyflux is likely to be persuasive in the Cayman Islands, as well as other common law jurisdictions.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Freezing Injunctions In The Cayman Islands

    The Grand Court of the Cayman Islands ("Cayman Court") can grant a freezing injunction...
    Cayman IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    The Privy Council Clarifies An Aspect Of The Approach To Determining The Appropriate Forum

    (Livingston Properties Equities Inc. and others (Respondents) v JSC MCC Eurochem and another (Appellants) [2020] UKPC 31 – 30 November 2020)...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    The Rocky Road To Redemption

    Herald's position was that all investors who were unpaid on 12 December 2008 rank as ordinary shareholders and should therefore be paid pari passu.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Clawback Claims Succeed Against Weavering Investors

    The Cayman Court provides further clarification as to when redemption payments can be recovered as a voidable preference.
    Cayman IslandsWealth Management
    Ogier
    Ogier
  • Showing 161–180 of 360 results

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