ArticleInsolvency 2019In 2017, a total of 17 restructuring petitions were filed in the Grand Court of the Cayman Islands.Cayman IslandsInsolvency/Bankruptcy/Re-StructuringCampbells
ArticleFamilyMart: Privy Council Confirms The Primacy Of Arbitration Agreements In The Cayman IslandsIn an eagerly awaited judgment of the Judicial Committee of the Privy Council ("JCPC") delivered on 20 September 2023 in FamilyMart China Holding Co Ltd v Ting Chuan, the JCPC addressed whether an arbitration agreement...Cayman IslandsLitigation, Mediation & ArbitrationCampbells
ArticleCayman Islands Court Of Appeal Confirms Court's Jurisdiction To Order Joinder Of Limited PartnersIn the recent judgment of Mark Eric Williams and Ors v Kuwait Ports Authority & Ors, the Cayman Islands Court of Appeal confirmed that the Grand Court had jurisdiction to order the joinder of two plaintiff limited partners of The Port Fund L.P.Cayman IslandsLitigation, Mediation & ArbitrationCampbells
ArticleCayman Court Exercises Its Just And Equitable Jurisdiction To Wind Up A Captive Insurance CompanyIn a recent judgment in the matter of Virginia Solution SPC Ltd, the Grand Court of the Cayman Islands ordered that a captive insurance company of two substantial Virginia based not-for-profit health care systems...Cayman IslandsCorporate/Commercial LawCampbells
ArticleWeavering Preference Claims Upheld By Privy CouncilOn 29 July 2019, the Judicial Committee of the Privy Council handed down its judgment in Skandinaviska Enskilda Banken AB v Conway & Shakespeare (as joint official liquidators of Cayman IslandsCriminal LawCampbells
ArticleCayman Foundations: New Wealth Management ToolA new corporate entity has been introduced to the Cayman Islands in the form of the Foundation Company ("Cayman Foundation"), under the Foundation Companies Law 2017 which is now in force.Cayman IslandsWealth ManagementCampbells
ArticleImplications Of The BVI Data Protection Act For Investment FundsThe Data Protection Act, 2021 (the "Act") was brought into force in the BVI with immediate effect on 9 July 2021 and introduces, for the first time in the British Virgin Islands, a legislative framework for data protection ...British Virgin IslandsPrivacyCampbells
ArticleThe Port Fund: Supervision Application Dismissed In Favour Of Continuing ReceivershipIn a judgment delivered on 6 October 2023,[1] the Grand Court of the Cayman Islands (Parker J) dismissed an application by the joint voluntary liquidators ("JVLs") of Port Link GP Ltd ("Port Link")...Cayman IslandsCorporate/Commercial LawCampbells
ArticlePrimeo V Herald: Clarifying The Rights Of Redeemed InvestorsPrimeo was one of several investors which had submitted redemption requests to Herald for a redemption date of 1 December 2008 (the "December Redeemers"). Cayman IslandsCorporate/Commercial LawCampbells
ArticleIt's Not About The Money, Money, MoneyNothing in this briefing note is intended to provide, or should be construed as giving, Singapore legal advice.Cayman IslandsInsolvency/Bankruptcy/Re-StructuringCampbells
ArticlePetition Vs Arbitration: Cayman Islands Court Of Appeal Rules That The Subject Matter Of A Winding Up Petition Is Not ArbitrableIn a significant judgment delivered on 23 April 2020, the Cayman Islands Court of Appeal allowed an appeal against a 2019 decision of the Grand Court to stay a ‘just and equitable' winding up petition on the grounds that ...Cayman IslandsLitigation, Mediation & ArbitrationCampbells
ArticleOil On Troubled Waters: Successful Restructuring Of Ocean Rig GroupIn Ocean Rig, the Grand Court sanctioned four inter-related schemes of arrangement (the "Schemes"), as part of a group restructuring of over US$3.69 billion of New York law governed debt...Cayman IslandsInsolvency/Bankruptcy/Re-StructuringCampbells
ArticleRestructuring & Insolvency Country Comparative Guide 2020This country-specific Q&A provides an overview to restructuring & insolvency laws and regulations that may occur in the British Virgin Islands.British Virgin IslandsInsolvency/Bankruptcy/Re-StructuringCampbells
ArticleBlack Swan Jurisdiction In The British Virgin Islands – Flown The Nest?On 29 May 2020 the Eastern Caribbean Supreme Court, Court of Appeal handed down a judgment which found that the BVI Court has no jurisdiction to grant free-standing freezing injunctions...British Virgin IslandsLitigation, Mediation & ArbitrationCampbells
ArticlePrimeo Fund v HSBC: Grand Court Rules That Madoff Feeder Fund Was "The Author Of Its Own Misfortune"In a landmark judgment of the Grand Court of the Cayman Islands delivered on 23 August 2017 in Primeo Fund (in Official Liquidation) ("Primeo") v Bank of Bermuda (Cayman) Ltd ("BBCL") and HSBC Securities Services...Cayman IslandsFinance and BankingCampbells
ArticleCayman Court Clarifies The Function And Role Of The Liquidation Committee In A Cayman LiquidationIn a recent judgment in the liquidation of Herald Fund SPC, an insolvent Madoff feeder fund, the Grand Court addressed the extent to which official liquidatorsCayman IslandsInsolvency/Bankruptcy/Re-StructuringCampbells
ArticleCommercial Operation Of Cayman Islands Pleasure Yachts In The Caribbean And Certification Of Cayman Islands Pleasure Yachts Operating In US WatersThe Cayman Islands Shipping Registry ("CISR") has issued a new alternative set of requirements for yachts that wish to operate commercially in the Caribbean under Shipping Notice No. 02/2016 Rev 1.Cayman IslandsTransportCampbells
ArticleOut With The Hould: Landmark Decision Paves The Way For Shareholder Misrepresentation Claims Against Companies In LiquidationTo understand the significance of the decision in Re HQP Corporation, it is first necessary to understand what the "Rule in Houldsworth" (the "Rule") actually is.Cayman IslandsCorporate/Commercial LawCampbells
ArticleThe Rise Of Arbitration In The Cayman IslandsAnecdotally, there has been a marked increase recently in the use of arbitration as a means by which to resolve commercial disputes in the Cayman Islands.Cayman IslandsLitigation, Mediation & ArbitrationCampbells
ArticleNorwich Pharmacal Relief In The Offshore World: The Latest Developments In Cayman And The BVIIn recent years, the offshore courts have shown a greater willingness to provide assistance to claimants or potential claimants by ordering third parties to disclose information about wrongdoing.Cayman IslandsWealth ManagementCampbells