Offshore Litigation Blog

It is common ground that Hong Kong is a major international arbitration hub in Asia, and its role will only become ever more important given the advantages in enforcing Hong Kong arbitral awards in Mainland China.

On 19 February 2025, the Supreme Court handed down judgment in El-Husseiny v Invest Bank PSC. The case concerned the interpretation of section 423 of the English Insolvency Act 1986 which provides remedies to creditors in circumstances where a debtor has taken steps to defeat or prejudice their claims by entering into a transaction at an undervalue.

On 17 February 2025, the BVI Court recognised a Committee, appointed by the Hong Kong Court of First Instance, with responsibility over the financial affairs of a family member who lacks capacity and has movable assets in the BVI.

In the recent case of SIA Investment Industry v Pardus Wealth Ltd, the English Commercial Court ruled on the appropriate sanction to be imposed on an individual respondent, who had been found guilty of contempt of court for failure to comply with several provisions of a freezing order.

Sir Anthony Smellie KCMG KC, former Chief Justice of the Cayman Islands, has received the prestigious honour of being appointed a Member of His Majesty’s Most Honourable Privy Council and a member of the Judicial Committee of the Privy Council.

In a recent decision of the Bermuda Court of Appeal, the judgment in Afiniti, Ltd. v Chishti offered a nuanced costs ruling following an appeal with mixed outcomes. The case provides valuable insights into the apportionment of costs in litigation where neither party emerges as a clear winner.

This guide covers frequently asked questions on how the courts in the British Virgin Islands operate.

The recent Singapore Court of Appeal case of DEM v DEL offers significant insights into the complexities surrounding arbitration awards, particularly concerning infra petita challenges (failure by a judge or arbitrator to consider a claim or essential issue) when the appellant is a non-participating party in the underlying arbitration.

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.