Shows / Exploring Offshore Litigation
Exploring Offshore Litigation
Exploring Offshore Litigation is a captivating podcast series containing audio of written blog content that dives deep into the intriguing world of offshore litigation, including the BVI and Cayman. Each episode sails through complex legal waters, bringing you up-to-date analysis of recent high-stakes cases and expert commentary from the leading minds in this specialised field. Our episodes demystify legal jargon and break down complex cases to make them accessible to all. Harneys, an…
Episodes
Exploring Offshore LitigationFraud unravels everything – how the BVI Courts can assist
Fraudsters sometimes choose offshore vehicles in their illegal schemes under the mistaken belief that the misappropriated assets will not be found or that the…
Exploring Offshore LitigationRestructuring Review 2024 – British Virgin Islands
There continues to be an upward trend in the use of schemes of arrangement, with or without the relevant company being in provisional liquidations, as a…
Exploring Offshore LitigationAn introduction to arbitration in the British Virgin Islands
In the British Virgin Islands, arbitration is principally regulated by the Arbitration Act 2013 (the Act), which came into force in 2014. The Act is modelled…
Exploring Offshore LitigationSnapshot of key enforcement methods in the BVI
The enforcement toolkit available in the BVI is similar to many other common law jurisdictions. However, the BVI Courts have tailored their approach to meet…
Exploring Offshore LitigationAn introduction to arbitration in the British Virgin Islands
In the British Virgin Islands, arbitration is principally regulated by the Arbitration Act 2013 (the Act), which came into force in 2014. The Act is modelled…
Exploring Offshore LitigationStay the Course, Not the Arbitration
The Supreme Court of The Bahamas has recently ruled in Gabriele Volpi v Delanson Services Ltd & ors, providing a clear statement on when a court will refuse to…
Exploring Offshore LitigationFrom Michigan with finality: Issue estoppel holds, leave refused by Cayman Court of Appeal
The Cayman Islands Court of Appeal has refused a renewed application for leave to appeal in Frye-Chaikin v Bradley, affirming a Grand Court summary judgment…
Exploring Offshore LitigationBVI probate pointers – How do PRC nationals deal with inherited BVI assets?
There is increasing demand in the PRC for obtaining grants from the BVI Probate Court. A grant of probate is typically required in order to validly deal with…
Exploring Offshore LitigationThe far-reaching effect of Section 147 fraudulent trading claims in the Bilta v Tradition Financial Services ruling
In the follow up to their article on recent guidance from the Cayman Islands' courts on fraudulent trading claims, Harneys partner James Eggleton and counsel…
Exploring Offshore LitigationRecent guidance on Section 147 fraudulent trading claims in Conway v Air Arabia
Recent guidance on Section 147 fraudulent trading claims in Conway v Air Arabia Harneys partner James Eggleton and counsel Anya Allen in the Cayman Islands…
Exploring Offshore LitigationRecognition and Assistance of Foreign Insolvency Proceedings: A Comparison of Singapore’s Model Law Regime with the Approaches of the BVI, Cayman and Bermuda Courts
In 2017, Singapore incorporated the UNCITRAL Model Law on Cross-Border Insolvency (the 'Model Law') into its domestic legislation,1 providing a comprehensive…
Exploring Offshore LitigationExempted Limited Partnerships in the Cayman Islands: Wind Down, Removing the General Partner and the Grand Court’s Flexibility
Section 36(13) of the Exempted Limited Partnership Act (2021 Revision) ('ELPA') gives the Grand Court of the Cayman Islands the power to override a limited…
Exploring Offshore LitigationCayman Court extends writ validity to facilitate service under the Hague Convention
In a recent decision of the Cayman Islands Grand Court, Justice Asif KC granted leave to serve foreign defendants out of the jurisdiction and extended the…
Exploring Offshore LitigationNo urgency, no EGM: Cayman Court intervenes to protect shareholder class rights
In the recent decision of RCF VII Sponsor LLC v Blue Gold Ltd, the Cayman Islands Grand Court granted an interim injunction restraining the Defendant company…
Exploring Offshore LitigationSuccessful recovery of €9 million through garnishee proceedings in Cyprus
Harneys secured a significant recovery of approximately €9 million for our client through garnishee (attachment of debt) proceedings against two major banks in…
Exploring Offshore LitigationCayman Court issues warning on AI use in legal filings
The Cayman Islands Court of Appeal has issued a strong warning on the risks of using generative artificial intelligence in court proceedings in the recent…
Exploring Offshore LitigationAccount of profits is not available in a cross-undertaking
In Sandoz AG v Bayer Intellectual Property GMBH, the English High Court provided important clarification that a claimant in an inquiry for damages is not…
Exploring Offshore LitigationPrivy Council reinstates first instance decision of the Grand Court in a seminal decision for appraisal litigation in the Cayman Islands
In Maso Capital Investments Ltd v Trina Solar Ltd the Privy Council reinstated the first instance decision of the Grand Court, confirming that the task for the…
Exploring Offshore LitigationElite clarification of the Duomatic principle from the Privy Council
The Privy Council has just handed down judgment in Fang Ankong & Anor v Green Elite (in liquidation) which clearly restates how the Duomatic principle is to be…
Exploring Offshore LitigationFair value in the BVI: Guidance on property valuation and minority discounts from Ming v JF Ming Inc
The decision of Justice Mangatal in Ming v JF Ming Inc is the latest judgment from the long-running family dispute and unfair prejudice proceedings over JF…
Exploring Offshore LitigationHong Kong Court considers anti-suit injunction to restrain foreign winding-up proceedings
In Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) (Hyalroute), the Hong Kong Court dismissed an application by a Cayman…
Exploring Offshore LitigationFraud unravels everything – how the BVI Courts can assist
Fraudsters sometimes choose offshore vehicles in their illegal schemes under the mistaken belief that the misappropriated assets will not be found or that the…
Exploring Offshore LitigationCayman Islands Court of Appeal holds that swift enforcement of foreign arbitral awards is essential
In the recent decision of Suning International Group Co Ltd v Carrefour Nederland BV the Cayman Islands Court of Appeal provided guidance on the procedure to…
Exploring Offshore LitigationCayman Court Appoints Provisional Liquidators to New Horizon Health Limited
The Company operates predominantly in China. It is in the business of assisting with screening and diagnosis of cancers of various kinds and has developed…
Exploring Offshore LitigationTrust, title and tokens: implications of Singapore High Court's decision in Re Taylor for distribution of unclaimed cryptoassets in liquidation
The rise of digital assets and cryptocurrency has transformed financial markets, but it has also raised novel legal and practical challenges, particularly in…