Offshore Litigation Blog

In 2017, Singapore incorporated the UNCITRAL Model Law on Cross-Border Insolvency (the ‘Model Law’) into its domestic legislation, providing a comprehensive and structured framework for the recognition and assistance of foreign corporate insolvency proceedings.

Section 36(13) of the Exempted Limited Partnership Act (2021 Revision) (‘ELPA’) gives the Grand Court of the Cayman Islands the power to override a limited partnership agreement and replace the general partner (‘GP’) of an exempted limited partnership (‘ELP’) during its winding up, if necessary for a proper dissolution.

In Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) (Hyalroute), the Hong Kong Court dismissed an application by a Cayman Islands-incorporated company for anti-suit relief to restrain a creditor from filing a winding-up petition in the Grand Court of the Cayman Islands.

On 8 July 2025, New Horizon Health Limited (the Company), a Cayman company listed on the Hong Kong Stock Exchange (HKEX), filed a petition to appoint provisional liquidators (PLs).

In a recent decision of In the matter of TROOPS Inc, the Grand Court declined to appoint joint provisional liquidators (JPLs) on an ex parte basis over TROOPS Inc. (the Company). The ruling provides a useful reminder of the Court’s “especially cautious” approach to pressing the “nuclear button” of appointing JPLs, especially when that appointment is sought on an ex parte without notice basis.

The Grand Court’s recent decision in Re Superb Summit International Group Ltd [2025] CIGC (FSD) 62 offers a legally straightforward, albeit unusual, illustration of how Cayman Islands restoration and winding-up procedures can be utilised to support foreign regulatory enforcement efforts, particularly where cross-border fraud is alleged and local recovery action is essential.

In the recent English case of Waypark Commercial Mortgage Ltd v Vanguard Number 1 Ltd (In Liquidation), the Court had to consider whether the sale of property by a secured creditor of a company in liquidation was impacted by the automatic stay imposed by section 130(2) of the English Insolvency Act, 1986.

This article examines how the ‘immovables rule’ intersects with the practice of modern cross-border insolvency under English common law.

Over the past decade, the Hong Kong courts have given multiple important judgments concerning their power to wind up foreign companies. In a recent judgment, the Court of Appeal provided important clarification regarding a key element of this power.

In a recent decision involving the China Evergrande Group, the Hong Kong Court of First Instance reaffirmed the policing provisions of disclosure orders under Mareva/freezing injunctions.

In a recent landmark decision, the Singapore High Court in Re Taylor, Joshua James and another (Official Receiver, non-party) addressed the treatment of unclaimed cryptocurrencies during the liquidation of Eqonex Capital Pte Ltd, a digital asset exchange operator.

The BVI has robust corporate insolvency legislation, fostering recoveries for creditors in the event of a liquidation. This article examines two areas where the BVI’s legislation, as interpreted by its Courts, is particularly developed: unfair preferences and challenges to the decisions of liquidators, as well as other office-holders. The strength of the BVI’s corporate insolvency legislation provides a reason for companies to incorporate in the territory.