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Searching Content indexed under Contracts and Commercial Law by Harneys ordered by Published Date Descending.
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1
The Pacific Andes Saga: Forum Shopping, Chapter 11 And Just And Equitable Winding Up
‘Forum shopping' can lead to some fierce jurisdictional battles particularly in insolvency where the choice can be stark between debtor and creditor friendly procedures
British Virgin Islands
11 Aug 2017
2
Guide To Ship Finance In The Cayman Islands
Mortgage registration is evidenced by a certificate of registry, but because this is a document used for navigation purposes, it is more likely that a copy of the transcript of British Registry...
Cayman Islands
12 Jun 2017
3
Rights Of Third Parties In The Cayman Islands
The Contracts (Rights of Third Parties) Law (the Law) gives third parties the ability to enforce contractual rights expressly granted to them in Cayman Islands law governed contracts to which...
Cayman Islands
15 May 2017
4
Drafting The Perfect Arbitration Clause
A reference to the "perfect arbitration clause" is always likely to be a little controversial.
British Virgin Islands
20 Apr 2017
5
The Bermuda Restructuring JPL And The Requirement Of Independence
The Bermuda Commercial Court has provided guidance as to the considerations it will take into account when deciding the identity of the JPLs.
British Virgin Islands
29 Nov 2016
6
Guide To Rights Of Third Parties In The Cayman Islands
The Contracts Law gives third parties the ability to enforce contractual rights expressly granted to them in Cayman Islands law governed contracts to which they are not a party, subject to certain exceptions.
British Virgin Islands
15 Nov 2016
7
Five Questions Lenders Should Ask Before Contracting With BVI Counterparties
Lenders of BVI contracting parties are most often concerned with whether the Company they are contracting with has the capacity to enter into the transaction
British Virgin Islands
19 Sep 2016
8
Terrorism's Impact Upon Privity Of Contract In Bermuda
The link between terrorism and the erosion of privity of contract in Bermuda is not immediately discernible.
Bermuda
1 Jun 2016
9
Terrorism's Impact Upon Privity Of Contract In Bermuda
The link between terrorism and the erosion of privity of contract in Bermuda is not immediately discernible.
Bermuda
12 May 2016
10
BVI Commercial Court Appoints Two New Judges
Harneys is pleased to report the appointments of Justice Sher QC and Justice Wallbank to the BVI Commercial Court, as Commercial Court Judges, commencing in May.
British Virgin Islands
3 May 2016
11
Backdating Contracts And Other Documents And Instruments
One of the thornier issues which comes up in legal practice from time to time is the backdating of documents.
British Virgin Islands
19 Apr 2016
12
Mandatory "Bail-In" Clauses For Finance Documents
The European Union is never happier than when it is changing a sovereign country's laws for it.
Worldwide
24 Mar 2016
13
Corporate Evolution Serving Global Commerce
The end of 2015 marked 20 years in the legal profession for me. During those two decades the legal landscape has changed dramatically owing to both technological advancement and commercial factors.
British Virgin Islands
11 Feb 2016
14
Arbitration Agreements And Insolvency Proceedings
The British Virgin Islands (BVI) Court tightens up on creditors raising spurious disputes and relying on arbitration clauses to avoid insolvency
British Virgin Islands
1 Feb 2016
15
Ghosts Of The Past - The Rule In Pigot's Case
For slightly over 400 years most common law jurisdictions have laboured under the strictures of the decision of Sir Edward Coke in Pigot's Case.
Cayman Islands
4 Jan 2016
16
Rhone Holdings, LP: Cayman Court Of Appeal Upholds Validity Of Non-Petition Clause
In August 2015 the Cayman Islands Grand Court struck out as an abuse of the process of the Court a winding up petition presented in contravention of Section 95(2) of the Companies Law (2013 Revision) (Law).
Cayman Islands
3 Dec 2015
17
Penalty Clauses – The New Rules
On 4 November 2015 the UK Supreme Court handed down its decision in the case of Cavendish Square Holdings BV v Makdessi [2015] UKSC 67.
Cayman Islands
29 Nov 2015
18
Arbitrability Of Intra-Company Disputes – An Offshore Perspective
Arbitrability is a question of considerable importance – it is the question of whether a particular issue in dispute is capable of being resolved by arbitration as opposed to litigation...
British Virgin Islands
1 Jul 2015
19
How To Ensure Creditor Protection In Cyprus
This article outlines the many ways in which under Cypriot law businesses can protect their interests in their commercial dealings.
Cyprus
25 Mar 2015
20
Privy Council Clarifies Power To Rectify Share Registers Of BVI Companies
The background facts were quite complex, but in essence they revolved around an oral agreement which was entered into between Mr Varma on the one hand, and several members of the Mahtani family on the other.
British Virgin Islands
11 Mar 2015
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