Offshore Litigation Blog

In a recent hearing to obtain a power of sale before the BVI Commercial Court, as part of the enforcement of an arbitral award, a power of sale was granted to the applicant without the need for any receiver to be appointed.

In the recent decision of Re Mega Gold Holdings Ltd, the Hong Kong Court of First Instance declined to follow the Privy Council’s BVI decision Sian Participation Corp (In Liquidation) v Halimeda International Ltd which clarified the approach to winding-up petitions in the context of agreements to arbitrate.

The decision in Credit Suisse London Nominees Limited v Principal Investing Fund I Limited and Chia Hsing Wang v LV II Investment Management Limited addressed an application seeking declarations that: 1) the company, Blue Water Ltd, of which the Plaintiff, Chia Hsing Wang (Mr Wang), is the ultimate beneficial owner, has a separate legal personality to him and; 2) Mr Wang is not liable for the obligations of Blue Water Ltd under the London Court of International Arbitration (LCIA) awards against it in favour of the Defendant, LV II Investment Management Limited (LV2IM).

The Privy Council has reversed years of settled law on the interplay between insolvency and arbitration proceedings.

In the recent and important decision of Re Shandong Chenming Paper Holdings Ltd, the Hong Kong Court of Appeal confirmed that an arbitrable cross-claim against the petitioner can be a ground for dismissal of a winding-up petition.

The recent decision of the Cayman Islands Court of Appeal (CICA) in Minsheng Vocational Education Company Limited (Minsheng) v Leed Education Holding Limited (the Education Group) serves as a pertinent reminder of the Cayman Islands' commitment to upholding arbitration agreements and facilitating the arbitral process.

The recent decision of Kawaley J of In the Matter of s.5 of the Foreign Arbitral Awards Enforcement Act (the Judgment) serves as both a practical guide to the regime for obtaining leave to enforce foreign arbitral awards and also as a reminder that the Cayman Islands is readily accessible as a jurisdiction for those looking to do so.

In a decision made on 15 March 2024, the Dutch Supreme Court denied the reinstatement of a US$116 million Netherlands Arbitration Institute award to Dutch developer Geosolutions against Sina Hong Kong, an affiliate of Chinese social media platform Weibo.

The recent English case of Grosskopf v Grosskopf concerned an application by trustees for a stay of claims brought against them by a beneficiary. The beneficiary alleged misconduct by the trustees and sought the appointment of a judicial trustee pursuant to the Judicial Trustees Act 1896.