Ian Mann

Ian Mann

Harney Westwood & Riegels

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Schemes: Recognition or Parallel Schemes of Arrangement

In response to the turbulent economic times seen of late, there has been a significant growth in the use of schemes of arrangement to compromise creditors’ claims where the company in question is facing financial...more

6/26/2015 - Creditors Hong Kong Jurisdiction Schemes of Arrangement

Appointing an Inspector: A Viable Alternative to Liquidation in the Cayman Islands?

A provision in the Cayman Islands Companies Law (2013 Revision) (the Law) affords the Grand Court (the Court) the power to appoint “one or more competent inspectors to examine into the affairs of any company (incorporated in...more

6/24/2015 - Books & Records Cayman Islands Liquidation Shareholder Rights Shareholders

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 – and is therefore a question of...more

6/23/2015 - Arbitration Business Disputes BVI Business Companies Cayman Islands Intra-Company Dispute Jurisdiction Tribunals

Asset Tracing in the British Virgin Islands

In this article, we will discuss some of the tools available to a party in the British Virgin Islands (BVI) to seek to recover property, or proceeds of property, which have been misappropriated. It is not surprising that in...more

6/22/2015 - Anton Pillar Orders Articles of Incorporation Asset Tracing Audits Bankers Trust Orders Black Swan Orders British Virgin Islands BVI Registrar of Corporate Affairs Court-Appointed Receivers Foreign Corporations Freezing Injunctions Gag Orders Injunctions International Litigation Misappropriation Norwich Orders

Privy Council clarifies power to rectify share registers of BVI companies

On 21 January 2015 the Privy Council handed down its decision in Nilon Limited v Royal Westminster Investments SA [2015] UKPC 2 clarifying the power of the courts to rectify the share register of a BVI company under section...more

3/2/2015 - Business Litigation BVI Business Companies

Cayman Liquidation Committees – What Prospective Members Need to Know

In this guide Harneys considers the role and function of a liquidation committee appointed under the Cayman Islands’ Companies Winding Up Rules. A vital component in the liquidation of a Cayman Islands company is the...more

5/21/2014 - Liquidation Offshore Companies Oversight Committee Wind-Up Process

Discovery in Cayman Islands Litigation

In this guide Harneys considers the scope of a party’s duties with respect to the discovery of documents in Cayman Islands litigation. "Discovery", the process by which documents that are relevant to the issues raised...more

5/16/2014 - Discovery Foreign Jurisdictions

The Confidential Relationships (Preservation) Law: Confidentiality Legislation in the Cayman Islands

In this guide Harneys considers the scope of the Cayman Islands’ Confidential Relationships (Preservation) Law and the sanctions that apply to contraventions of it. The Cayman Islands government considers the...more

5/15/2014 - Banks Breach of Duty Confidentiality New Legislation Offshore Banks

Guide for Hong Kong Clients on Obtaining BVI Grants of Probate

Because BVI companies are widely used in Hong Kong for various purposes, it important for clients to understand the nuances and intricacies of obtaining grants of probate and administration in the BVI. Contrary to popular...more

5/9/2014 - Beneficiaries BVI Business Companies Hong Kong Offshore Funds Probate Shareholders

BVI Case Notes, October 2013

Below is a summary of recent cases out of the British Virgin Islands (BVI) Commercial Court, compiled by Harneys’ Litigation team. Ruling on the use and status of ancillary relief proceedings and forum non conveniens...more

10/30/2013 - BVI Business Companies Deed of Trust Forum Forum Non Conveniens

Costs in Derivative Actions

Derivative Actions Defined - A derivative action occurs where a member of a company, usually a minority shareholder, pursues a cause of action on behalf of the company. S184(c) of the BVI Business Companies Act 2004...more

8/1/2013 - BCA BVI Business Companies Derivatives Directors Minority Shareholders

Offshore Litigation Tools for Local Disputes

British Virgin Island (“BVI”) and Cayman Islands companies have been a popular choice of investment vehicle for Hong Kong and Chinese companies and individuals. This article explores the key tools available to members of BVI...more

4/19/2013 - BVI Business Companies Corporate Governance Cross-Border Transactions Disclosure Investment Opportunities Minority Shareholders Offshore Companies Third-Party

Recent judgment a reminder of Hong Kong Court’s limited jurisdiction over foreign companies

We are reminded that shareholders of BVI holding companies may well have to look to the BVI Court to resolve unfair prejudice claims in seeking a buy-out order or other relief....more

3/18/2013 - China Foreign Corporations Jurisdiction Sufficient Nexus

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