If litigation proceedings are commenced in breach of a valid and enforceable agreement to arbitrate, how soon in the proceedings does a defendant need to seek a stay of the litigation?
The Supreme Court of Bermuda...more
Focus on provisional liquidation as a restructuring tool -
Many of 2022’s restructuring cases illustrate important trends and developments regarding Bermuda’s “light touch” provisional liquidation (or “provisional...more
Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of...more
In Re Ping An Securities Group (Holdings) Limited [2022] SC (Bda) 25 Com (8 April 2022), the Supreme Court of Bermuda (the “Bermuda Court”) declined to appoint the nominee of a first creditors’ meeting, instead appointing a...more
1 Arbitration Agreements -
1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction?
Other than requiring that arbitration agreements be in writing, Bermuda’s...more
1. Country finder -
1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.
Originally published...more
Fiona Lorraine Philipp v Barclays Bank UK PLC [2021] (Philipp) concerned a couple, the victims of a “push payment” fraud, who were unable to recover damages from their bank for failing to prevent the payment of substantial...more