Phillip Kite

Phillip Kite

Harney Westwood & Riegels

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The BVI Arbitration Act: A Significant Legislative Milestone

The British Virgin Islands’ (BVI) government has announced by proclamation that the Arbitration Act 2013 will come into force on 1 October 2014. The stated intention has been to bring the Act into force at the same time as...more

7/30/2014 - Arbitration International Arbitration UNCITRAL

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

The Big Chill

Phillip Kite of Harneys looks at the subject of injunctions generally with a particular emphasis on recent case law on freezing orders - The British Virgin Islands is an idyllic collection of islands in the Caribbean....more

5/15/2014 - Asset Freeze BVI Business Companies Foreign Judgments Foreign Jurisdictions International Labor Laws Jurisdiction UK

Privy Council rules on Fairfield

On 16 April 2014, the Privy Council ruled in the claims brought by the liquidators of Fairfield, one of the largest feeder funds into Bernard Madoff’s investment company. The BVI Commercial Court and the Eastern...more

4/17/2014 - Bernie Madoff Fraud Ponzi Scheme

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

BVI Case Notes, May 2013

Recent cases out of the British Virgin Islands (BVI) Commercial Court deal with issues including third party costs and the applicability of Black Swan freezing relief in support of foreign derivative claims. In addition a...more

5/27/2013 - Derivative Suit Foreign Jurisdictions Injunctions Liquidation Third-Party Liability

Order Restored: Court hands down key judgment on BVI hedge fund insolvencies

Introduction - The Court of Appeal of the Eastern Caribbean Supreme Court on Monday, 11 March handed down an important ruling on the question of where investors stand in the “waterfall” of distributions in the...more

3/12/2013 - Hedge Funds Investors Liquidation Offshore Funds

BVI Case Notes: Derivatives, double derivatives and unfair prejudice

Harneys continues to provide a regular roundup of recent case notes from the British Virgin Islands Commercial Court. In this edition we report on recent court guidance on leave to bring derivative proceedings and double...more

1/20/2013 - Alter Ego Derivative Suit Derivatives Double Derivative Claims Forum Microsoft Prejudice Shareholders Subsidiaries

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