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Harneys
The Court recognised that its primary task is to identify the forum in which the case can be suitably tried for the interests of all parties and for the ends of justice.
Appleby
The Grand Court's decision in North Sound Pharmaceuticals Inc. (in Official Liquidation) (FSD 110 of 2022) on 21 February 2024 provides a useful reminder of the applicable process...
Ogier
It is common for those establishing trusts to take steps to ensure their hard work is not undone by beneficiaries litigating future grievances.
Carey Olsen
Partner Denis Olarou and counsel Tim Baildam analyse the Cayman Islands' perspective in contrast to the English view on Norwich Pharmacal disclosure...
Ogier
Section 238 of the Cayman Islands Companies Act (2023 Revision) (the Act) provides a mechanism by which shareholders can dissent from mergers and consolidations...
Carey Olsen
The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings...
Collas Crill
In Cayman Islands litigation the general rule is that costs "follow the event". In other words, the losing party is obligated to pay not only their own legal costs...
Maples Group
The Cayman Islands Grand Court (the "Court") has consistently taken the position in recent years that where: (i) a winding up petition has been presented by a creditor...
Conyers
On 29 November 2023, the English Court of Appeal delivered an important judgment in Churchill v Merthyr Tydfil County Borough Council et al which aligns with a wider trend in embracing a variety of forms of ADR...
Campbells
In a long-awaited and wide-ranging judgment delivered on 15 November 2023,[1] the Judicial Committee of the Privy Council has dismissed[2] the appeal by Primeo Fund (in Official Liquidation)...
Carey Olsen
In a decision that has been keenly anticipated in Asia, the Judicial Committee of the Privy Council has now handed down its decision on the appeal by Ting Chuan (Cayman Islands)...
Conyers
China CVS Holding Corp operates a convenience store business in the People's Republic of China under the "FamilyMart" brand.
Campbells
In 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...
Walkers
The eagerly awaited decision of the Judicial Committee of the Privy Council in FamilyMart China Holding Co Ltd v Ting Chuan Holding Corporation UKPC 33 was handed down on 20 September 2023.
Maples Group
In FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation, the Judicial Committee of the Privy Council (the "Privy Council") held that a minority shareholder's complaints must be arbitrated pursuant to the terms of a shareholders' agreement.
Baker & Partners
The Cayman Islands implemented the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (otherwise known as the "New York Convention") via the Foreign Arbitral Awards Enforcement Act...
Conyers
The Singapore Court recently delivered its judgment in Hyflux Ltd (in compulsory liquidation) v Lum Ooi Lin [2023] SGHC 113 ("Hyflux"). Despite the litigation funding landscape being slightly different in Singapore, the reasoning in Hyflux is likely to be persuasive in the Cayman Islands, as well as other common law jurisdictions.
Ogier
Discovery is a key aspect of section 238 appraisal proceedings and is critical in establishing fair value. In 58.com the Grand Court of the Cayman Islands recently clarified the circumstances...
Worldwide
Appleby
In FamilyMart the Privy Council confirmed that distinct legal and factual issues raised in just and equitable winding up proceedings are arbitrable. It follows that arbitration clauses...
Walkers
On 20 November 2023, the Grand Court of the Cayman Islands (the "Grand Court") issued its ruling on a preliminary issue in In the matter of Re BPGIC Holdings Limited...
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