Offshore Litigation

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Offshore Litigation

The Offshore Litigation Blog is where you will find recent case updates, offshore litigation news, offshore filings lists, interviews and even some insights into island life, written by Harneys litigators from around the world.

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Hazel-Ann Hannaway
Hazel-Ann Hannaway
  • Hazel-Ann Hannaway

  • Partner
  • British Virgin Islands
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands

BVI Commercial Court applies Chabra relief liberally in the wake of Broad Idea (No.2)

In Great Panorama International Ltd v Qin Hui & Ors, the BVI Court continued a freezing injunction made against BVI non-cause of action defendants associated with a foreign judgment debtor. In doing so the Court issued a judgment covering a wide-range of issues that will be of interest to those seeking to enforce debts against and preserve the assets of BVI companies. In this blog we consider the court’s pronouncements regarding its jurisdiction to grant Chabra relief and the extent of the applicant’s duty to give full and frank disclosure. In the sequel to this blog we will consider the Court’s treatment of findings made by another court that was relied upon as evidence and the Court’s response to an attempt to introduce evidence post order/judgment.

Romane Duncan, Christopher Pease,
Hazel-Ann Hannaway, Paula Kay,
Phillip Kite

The BVI awaits the Privy Council decision in Eurochem with bated breath

Almost two years ago the Eastern Caribbean Court of Appeal handed down its decision in the long-running jurisdiction dispute in JSC MCC Eurochem v Livingston Equities Inc et al. It was a high-profile decision that is considered to have restricted the circumstances in which the BVI courts will assume jurisdiction over disputes of an international dimension but with a connection to the BVI.

Romane Duncan, Jonathan Addo,
Julie Engwirda, Jeremy Child,
Christopher Pease

BVI Court grapples with principles of foreign law in enforcing multiparty arbitral award

The BVI Commercial Court recently demonstrated its willingness to enforce foreign arbitral awards in the case of PT Ventures SGPS SA v Vidatel Limited. The decision confirms that there are limited circumstances in which the court may refuse to enforce an award issued in a New York Convention state.

Richard Parchment, Christopher Pease,
Nicola Roberts, Phillip Kite,
Claire Goldstein

Applicants pay the price for seeking "tremendously disproportional" unless order

In its recent decision in Renova Industries Limited & Ors v Emmerson International Corporation & Ors, the Commercial Court refused to grant an unless order in circumstances where the respondents had technically been in breach of a prior court order for many months. The relief was refused on the basis that the terms of the order sought were "tremendously disproportional" and the applicant ordered to pay the respondents’ costs.

Christopher Pease, Kimberly K. Crabbe-Adams,
Stuart Cullen, Paula Kay,
Jeremy Child
BVI