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  • Article

    Arbitration Trumps: Bermuda Court Confirms Pro-arbitration Approach

    If litigation proceedings are commenced in breach of a valid and enforceable agreement to arbitrate, how soon in the proceedings does a defendant need to seek a stay of the litigation.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Bankers Beware: The Quincecare Duty To Query Suspicious Client Requests

    It is well established that a contract between a bank and its customer includes an implied term that the bank will use reasonable skill and care in and about executing a client's instruction and will not execute instructions ...
    BermudaFinance and Banking
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Long-term Business Transfer Scheme May Be Used To Release Third Party Guarantors

    Third-party guarantors of the liabilities of a long-term insurer may be released if the insurer's long-term business is transferred to a new insurer using section 25 of Bermuda's Insurance Act 1978 ("Insurance Act").
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Bermuda Appoints Privacy Commissioner

    The Governor of Bermuda has appointed Bermuda's first privacy commissioner (Privacy Commissioner) pursuant to powers under the Personal Information Protection Act 2016 (PIPA).
    BermudaPrivacy
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Overview - Trust Protectors: Watchdogs Or Independent Decision Makers?

    In this mini-series of articles, we explore the role of protectors insofar as the same can be identified in general terms, although it will, of course, always be necessary to have regard to the express terms of the trust instrument ...
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Investment Fund Administrators: Liability For "Gross Negligence"

    At trial, the judge found that BOB had been guilty of gross negligence in its performance of the NAV calculations.
    BermudaFinance and Banking
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Update Regarding The Law Of Injunctions In Bermuda

    On 25 February 2026, Mr. Justice Andrew Martin of the Supreme Court of Bermuda issued an interlocutory ruling in the matter of Moulder v. Cox Hallett Wilkinson et al. [2026] SC (Bda) 21 Civ (25 February 2026).
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Insurance Initiatives In The Bermuda Monetary Authority 2026 Business Plan

    The Bermuda Monetary Authority (BMA) published its 2026 Business Plan on 22 January 2026 outlining its objectives for the year. This article will focus on the insurance initiatives.
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Update On Adjustments To The Bermuda Solvency Capital Requirement

    On 31 July 2018, the Bermuda Monetary Authority published revised Bermuda Solvency Capital Requirement (BSCR) models and rules for commercial insurers.
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Part 4: The Idea Of Emerging Validity

    The New Zealand Supreme Court in Clayton speculated that an illusory trust may become a valid trust when the settlor's role in relation to the trust changes.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    New Insurer Class To Assist Further Development Of Bermuda's Insurance-Linked Securities Industry

    Despite competition from other jurisdictions, Bermuda continues to be the domicile of choice for alternative capital capacity, with more than half of the share of the global alternative capital market.
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Credit Where Its Due: Bermuda's Tax Reform Unpacked

    On 4 September 2025 the Ministry of Finance released a public consultation on tax credits (Tax Credits PC).
    BermudaTax
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Bermuda Streamlines Its Beneficial Ownership Regime

    As part of ensuring compliance with the Financial Action Task Force (FATF) standards on beneficial ownership and transparency, Bermuda has streamlined its beneficial ownership regime.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Clarification Of Test For Obtaining Documents From Non-parties For Use In Bermuda Litigation

    There are limited options available to litigants who wish to obtain documents from non-parties for the purposes of Bermuda civil litigation.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Moulin Global Eyecare: Duty Of Non-Executive Directors In Response To Red Flags

    A recent decision of the Hong Kong High Court, Moulin Global is a rare example of a director of a Bermuda company being held liable to the company for breach of duty.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Bermuda Prepares For 5th Round Mutual Evaluation

    The Bermuda National Anti-Money Laundering Committee (NAMLC) recently published a draft Proceeds of Crime Miscellaneous Act 2025 (Bill) for consultation in preparation for Bermuda's 5th Round Mutual Evaluation...
    BermudaGovernment, Public Sector
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Filling The Coverage Gap – Emerging Risks And Innovation In Bermuda

    Recent insurer registrations reported by the Bermuda Monetary Authority (BMA) show that Bermuda continues to deliver on its established reputation for finding innovative solutions for...
    BermudaTechnology
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Update On The Bermuda Personal Information Protection Act 2016

    The substantive provisions of the Bermuda Personal Information Protection Act 2016 (PIPA) are expected to come into operation later this year.
    BermudaPrivacy
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Supreme Court Of Bermuda Applies Pro-Enforcement Approach In Enforcing Foreign Arbitration Award

    The enforcing party (CAT) argued that, having taken this approach, Priosma had forfeited its right to reargue the point before the Bermuda Court.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Removal Of An Arbitrator For Bias In A Bermuda Arbitration (According To A New York Court)

    For policies issued in the Bermuda market, (re)insureds and (re)insurers typically agree a fairly standardised "Bermuda style' arbitration and governing law clause which requires disputes...
    WorldwideLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP

Showing 21–40 of 111 results

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