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  • Article

    Cayman Islands Court Of Appeal Allows Appeal Against A Refusal To Enforce A Foreign Arbitral Award

    The Cayman Islands Court of Appeal ("CICA")[1] has allowed an appeal against the February 2019 Grand Court judgment of Mangatal J...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Setting Aside A Statutory Demand – BVI Commercial Court Provides Further Guidance Regarding The Application Of The Sparkasse Test

    On 22 January 2020, the Court handed down judgment in the matter of Pacific Fertility Institutes Holding Company Limited v Pacific Fertility Institutes (HK) Holding Company Limited.
    British Virgin IslandsFinance and Banking
    Campbells
    Campbells
  • Article

    Herald v Primeo: The Court Of Appeal Clarifies The Status And Priority Of Unpaid Redemption Creditors

    In a recent judgment, the Cayman Islands Court of Appeal (the "Court") has upheld the decision of the Grand Court which found that investors who have redeemed their shares but remain unpaid at the commencement of a company's liquidation are entitled to prove in the liquidation for their redemption proceeds as a creditor.
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Cayman Islands Courts Roll Out Judicial Mediation Of Disputes

    In a welcome development, the Courts of the Cayman Islands have introduced new measures concerning the judicial mediation of disputes. By Practice Direction No. 3 of 2022...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Beneficial Ownership Registers To Be Implemented For Cayman Islands' Companies

    The registered office service provider for each Cayman Islands company should contact the company with regard to the requirements of the Regime.
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Share Register Rectification: Primeo V Additional Liquidator Of Herald

    When settling a list of shareholders in a solvent liquidation of a Cayman Islands company that has issued redeemable shares tied to a NAV, what is the scope of an official liquidator's power to rectify...
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Validation Orders Under Section 99 Of The Companies Law – Explained By The Cayman Islands Court Of Appeal

    The Cayman Islands Court of Appeal has clarified the purpose and effect of section 99 of the Companies Law and the principles to be applied in granting validation orders in an important decision handed down earlier this year:
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Cayman Restructuring – A Proposal For A Formal Restructuring Regime In The Cayman Islands

    Following years of discussion, the bill for the long awaited proposed amendments to the Cayman Islands Companies Act (the "Act"), providing for a standalone restructuring regime for companies, was gazetted last week.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Campbells
    Campbells
  • Article

    Harbinger Of Change To The Loss Of Substratum Test Applicable To Cayman Islands Companies

    The Grand Court of the Cayman Islands clarified two matters concerning petitions to wind up a company on the just and equitable ground on the basis it has lost its substratum.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Campbells
    Campbells
  • Article

    The Importance Of The Laws Of A Company's Place Of Incorporation In Cross-Border Insolvency Proceedings

    Since the landmark decision in Lamtex early last year in Hong Kong, there has been a flurry of Hong Kong cases in which the Hong Kong Court has wound up a debtor company (incorporated offshore)...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Campbells
    Campbells
  • Article

    Cayman Grand Court Authorises Disclosure Of Confidential Documents To A Related Party

    In the recent judgment of In The Matter of the Kuwait Ports Authority (FSD 118 of 2021, unreported, 8 March 2022, Parker J), the Cayman Grand Court considered the scope of its jurisdiction...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Guidance From Cayman On Validation Orders: Facilitating The Transfer Of Shares On The Hong Kong Stock Exchange And Variation Of Orders Entered By Consent

    recent judgment of the Grand Court of the Cayman Islands (the "Court") in China Shanshui[1] has considered validation orders to allow for the trading of shares on the Hong Kong Stock Exchange ...
    WorldwideCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    The British Virgin Islands Virtual Assets Service Providers Act, 2022

    Following our September 2022 client advisory, the BVI Virtual Assets Service Providers Act, 2022 was enacted on 29 December 2022.
    British Virgin IslandsTechnology
    Campbells
    Campbells
  • Article

    Mind The Gap: Clarifying The Scope Of Sanction Applications

    A recent decision of Mr Justice Doyle has provided welcome guidance in relation to the scope and extent of sanction applications brought by official liquidators. In a judgment handed down on 3 November 2022...
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • 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

    Cayman Islands Update: Proposed Legislative Changes Following CFATF AML / CFT Mutual Evaluation Report

    On 19 March 2019, the Caribbean Financial Action Task Force ("CFATF") issued its latest assessment of the Cayman Islands' AML/CTF/CFP regime (the "March Report").
    Cayman IslandsFinance and Banking
    Campbells
    Campbells
  • Article

    Restructuring Review 2021

    The first part of this chapter looks at the key aspects of the successful Cayman Islands restructuring regime.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Campbells
    Campbells
  • 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

    Freeman Fintech Corporation: Case Report – Part One: Recognition And Assistance Of Officeholders Appointed By A Foreign Court Over Cayman Incorporated Companies

    The Cayman Court recently recognised joint provisional liquidators appointed by the Hong Kong court over a Cayman company for the purposes of the company presenting parallel schemes of arrangement...
    WorldwideCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Freeman Fintech Corporation: Case Report – Part Two: The Sanctioning Of Parallel Schemes Of Arrangement Where There Exists Foreign Governed Debt

    The Cayman Court recently recognised joint provisional liquidators appointed by the Hong Kong court over a Cayman company for the purposes of the company presenting parallel schemes of arrangement...
    WorldwideCorporate/Commercial Law
    Campbells
    Campbells

Showing 101–120 of 188 results

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