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  • Article

    Cayman Court Of Appeal Clarifies The Purpose Of Section 99 Of The Companies Law

    In an important decision in Tiranrui (International) Holding Company Limited v. China Shanshui Cement Group Limited, the Court of Appeal of the Cayman Islands clarified the purpose of s.99 of the Companies Law
    Cayman IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Rising Standards Of Fund Governance: Fund Directors Beware

    The Court of Appeals has held that while the directors of the Fund ("Directors") acted negligently, there was no element of 'willful' negligence or default on their part.
    Cayman IslandsCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Cayman Islands Litigation: Duty Of Full And Frank Disclosure

    It is a core principle of justice in the Cayman Islands that both an Applicant and a Respondent be given an opportunity to address the Court before a Court Order is made.
    Cayman IslandsLitigation, Mediation & Arbitration
    Stuarts Humphries
    Stuarts Humphries
  • Article

    Narrow Approach To Setting Aside Ex Parte Orders For The Enforcement Of Foreign Arbitral Awards: Court Of Appeal Endorses Creditor Friendly Substance Over Form Approach

    In its recent judgment in Suning International Group Co Limited v Carrefour Nederland BV [2025] CICA (Civ) 11, the Cayman Islands Court of Appeal upheld Justice Kawaley's decision...
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    To See Or Not To See? How The Law On Privilege Has Developed In Guernsey, Jersey, The Cayman Islands And The British Virgin Islands

    It is of the utmost importance that confidentiality in legal communications is maintained within the context of financial services.
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Lancelot: Investor Side Letters – Still A Gap In Cayman Between Legality And Reality

    In 2012 and 2013 first instance decisions of the Cayman Islands Grand Court restricted the efficacy of side letters which may be routinely entered into between investors and investment managers of the fund they are investing in.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Cayman Court Of Appeal Confirms Jurisdiction To Grant Injunctions In Support Of Foreign-Seated Arbitration

    On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges.
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    The X Trusts Decision – A Cayman Islands' Perspective

    Cayman Islands trusts are commonly established with provisions appointing one or more protectors.
    Cayman IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Trust Instruments: Choose Your Jurisdiction Wisely

    Importantly, it also construed s.90 of the Trust Law as not affording the Cayman Islands courts an exclusive statutory jurisdiction to determine such issues.
    Cayman IslandsCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    Open Book Or Locked Vault? Access To Court Documents In The Cayman Islands

    Obtaining authorised access to confidential documents in offshore jurisdictions is, in some circles at least, the holy grail of information gathering.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Can A Contract For The Sale Of Land Be "Signed" By Email?

    A recent decision in the UK has held that an email from a solicitor, with an automatically generated footer, was sufficient to satisfy ...
    Cayman IslandsReal Estate and Construction
    Ogier
    Ogier
  • Article

    Legal Proceedings By Or Against An Exempted Limited Partnership In The Cayman Islands: The Debate About The Correct Party

    This article considers two Cayman court decisions on claims brought by limited partners in respect of an exempted limited partnership (‘ELP') and the court's interpretation of provisions...
    Cayman IslandsCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Dissenting Shareholders, Fair Value Petitions And Statutory Appraisals: New Guidance From The Cayman Islands

    On 25 April 2017, the Honourable Justice Segal published his judgment in In the matter of Shanda Games Limited (FSD 14 of 2016, 25 April 2017) ("Shanda").
    Cayman IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Primeo v HSBC: Privy Council Further Narrows The Reflective Loss Principle

    In a significant judgment delivered on 9 August 2021, the Judicial Committee of the Privy Council granted the preliminary limb of a bifurcated appeal by Primeo Fund (in Official Liquidation), a Madoff feeder fund, ...
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Update On Costs Awards In Cayman Islands Shareholder Appraisals

    As we previously reported in our briefing FGL Holdings – Cayman Court determines fair value at transaction price, in September 2022 the Grand Court of the Cayman Islands delivered final judgment in FGL Holdings, ...
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Cayman Insolvency Update: Petitioning For Change?

    Despite the absence of a formal restructuring regime, the Courts in Cayman (and latterly by way of the Companies Law) have developed a flexible and pragmatic approach...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    GOL! Privy Council Upholds Cayman Court Of Appeal Decision To Enforce Foreign Arbitral Award In Favour Of Brazilian Airline

    In a judgment delivered on 19 May 2022,[1] the Judicial Committee of the Privy Council upheld the 2020 decision of the Cayman Islands Court of Appeal ("CICA") to allow an appeal against...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Non-Party Cost Orders: An Inevitable Consequence Of Funding Litigation?

    As has been widely reported, the litigation funding landscape in the Cayman Islands is changing to keep pace with the UK, Australia and other common law jurisdictions.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Transparency Vs. Privilege: Balancing Competing Public Interests In Respect Of Witness Statements

    In a judgment delivered on 16 November 2016 in Primeo Fund (in Official Liquidation) v Bank of Bermuda (Cayman) Ltd & Anor., the Court of Appeal of the Cayman Islands ("CICA") held...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    When Are Relevant Documents In The "Power" Of A Litigant And Therefore Discoverable?

    Under Order 24, rule 1 of the Grand Court Rules ("GCR"), a party is required to give discovery of "documents which are or have been in his possession, custody or power".
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Showing 221–240 of 360 results

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