At the end of 2022, we foreshadowed in a prior article this seminal ruling of the Privy Council concerning the broader question whether certain underlying “matters” to a winding up petition could be made subject to arbitration in the context of a shareholder dispute. We have...
There is a growing global context within which the board of directors of large corporates are starting to be challenged, both in boardrooms and in the courts, concerning company policy and execution surrounding climate change related objectives. More particularly, the most recent high-profile example is that...
The Supreme Court for Bermuda: In the matter of US Holdings Ltd [2023] SC (Bda) 13 Civ, confirmed that there is nothing inherently abusive in presenting a winding up petition and applying for the appointment of joint provisional liquidators (JPLs) with full powers (as opposed...
As the sun sets on 2022, a judgment of the Supreme Court for Bermuda delivered on 25 February 2022: In the matter of Markel CATCo Reinsurance Fund Limited and CATCo Reinsurance Opportunities Fund Limited, serves as a good reminder of the efficacy and versatility of...
The Supreme Court of Bermuda in Griffin Line General Trading LLC v Centaur Ventures Ltd and Another [2022] Bda LR 20, had to consider whether Griffin Line General Trading LLC (“Griffin”), a foreign plaintiff, in whose favour an interim freezing order was granted against Templar...
By Arno Duvenhage and Jennifer Haworth The recent judgment of the Bermuda Court of Appeal in The Hongkong and Shanghai Banking Corporation Limited v NewOcean Energy Holdings Limited [2022] CA (Bda) 16 Civ, illustrates an ongoing tug of war in Bermuda when interpreting and applying the principles...
On 15 and 16 November 2022 in the Cayman Islands, the Privy Council (the “PC”) sitting for the first time in an Overseas Territory of the United Kingdom, heard an appeal from the Cayman Islands Court of Appeal in the case between Family Mart China...