The BVI and the Cayman Islands both have regimes in place to address unfair prejudice suffered by shareholders, although each jurisdiction approaches the issue differently.
The threshold for successfully bringing an...more
3/12/2025
/ British Virgin Islands ,
Business Entities ,
Cayman Islands ,
Companies Act ,
Corporate Dissolution ,
Corporate Governance ,
Corporate Misconduct ,
Minority Shareholders ,
Shareholder Litigation ,
Shareholders ,
Unfair Prejudice ,
Winding Up Petitions
Where a debt is due under an agreement (and assuming there is no binding non-petition clause in effect), it is possible to take steps to wind up the company without first proceeding to arbitration, in accordance with the...more
A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a...more
Emerging from the COVID-19 pandemic, inflationary pressures and increasing interest rates have continued to have a negative impact on the global economy. This has caused a significant increase in the number of creditor...more
As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions.
The...more
8/8/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Enforcement ,
Island of Guernsey ,
Jurisdiction ,
Offshore Companies ,
UNCITRAL
Introduction -
The Judicial Committee of the Privy Council has handed down its long-awaited judgment in the joined cases of Equity Trust (Jersey) Ltd v Halabi and ITG Ltd and others v Fort Trustees Ltd, each focusing on...more