Offshore Litigation Blog

In the case of Canterbury Securities Ltd (In Official Liquidation) v Wincura, the Grand Court of the Cayman Islands addressed the issue of granting declaratory relief upon an application for default judgment.

Companies registered in the BVI that have been dissolved will need to be restored before various steps can be taken concerning the company or assets that were held by it. Accordingly, there are many reasons why a person may...

The judgment in the recent English case of Bugsby Property LLC and Anor v Omni Bridgeway (Fund 5) Cayman Invt. Ltd serves as a useful reminder of the test for the exercise of the discretion of the Court in appointing an arbitrator and the importance of taking care when drafting dispute resolution clauses.

In the recent judgment of Morris v Elite Motors Bodyshop Ltd, the High Court of England and Wales shed light on the intricacies of family business disputes and strike-out applications in the context of unfair prejudice petitions.

In the recent Hong Kong case of Friendship Shipping and Trading SA v IVL Dhunseri Polyester Company SAE, the Plaintiff applied for an anti-suit injunction (ASI) to restrain the Defendant from continuing Egyptian legal proceedings against it, contending that the parties had agreed to arbitrate any dispute in Hong Kong per the arbitration agreement contained in a charterparty that was incorporated by reference in the bills of lading.

A decision looms for BVI law on the rules for determining the governing law as to the validity, scope and interpretation of arbitration agreements.

The Commercial Court in England recently dismissed the Claimant bank's claim of a transaction to defraud creditors because the Bank had not properly pleaded the purpose for which it contended that the Defendant businessman had transferred assets to his family: Invest Bank PSC v El-Husseini.

The High Court in England has held that a defendant company may rely on public law defences in opposition to a petition seeking the winding up of the company on public interest grounds: The Commissioners for His Majesty’s Revenue and Customs v Purity Limited.

In a recent ruling at the intersection of cybersecurity, human rights, and sovereign immunity, the English Court of Appeal has determined that Bahrain cannot claim state immunity for remotely hacking the computers of pro-democracy activists in London, setting a precedent with implications far beyond espionage cases.