Offshore Litigation Blog

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.

JCPC holds that shareholders may have a personal action against the company in circumstances where their shares have been improperly diluted: Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd

On 23 October, Hong Kong’s arbitration community gathered for the annual Hong Kong Arbitration Charity Ball. The ball is one of the highlights of Hong Kong’s legal calendar, and is attended by arbitration professionals from across the world. Harneys hosted a table at the event, and an enjoyable evening was had by all.