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Offshore Litigation Blog

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Coins stack with balance scale
Privy Council reinstates first instance decision of the Grand Court in a seminal decision for appraisal litigation in the Cayman Islands
In Maso Capital Investments Ltd v Trina Solar Ltd the Privy Council reinstated the first instance decision of the Grand Court, confirming that the task for the trial judge in an assessment of fair value pursuant to section 238 of the Companies Act (as revised) is highly fact specific and will depend on the relative reliability of the valuation methodologies contended for.
High rise residential building in Sau Mau Ping
Fair value in the BVI: Guidance on property valuation and minority discounts from Ming v JF Ming Inc
The decision of Justice Mangatal in Ming v JF Ming Inc is the latest judgment from the long-running family dispute and unfair prejudice proceedings over JF Ming Inc (JFM), a BVI holding company with subsidiaries holding substantial real estate in Hong Kong.
Aerial view of coastline of Grand Cayman, Cayman Islands
BVI and Cayman Islands continue to play dominant roles in arbitration in Asia
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.
Businessman is passing signed agreement to client after successful negotiation
Birds fly across the wall: insufficient evidence to justify substituted service
In an earlier case of In the Matter of Orient TM Parent Ltd (Unrep, Grand Court, 27 July 2022), the Grand Court of Cayman Islands dismissed the application of the petitioners for substituted service of the winding up petition in the PRC, and was critical of the evidence filed in support, noting a distinct lack of it
Doing a handover
The cost of expert shopping
The English High Court confirmed the default position of requiring disclosure of a first expert’s report or draft report where a party seeks to change experts without good explanation.
Tim Derksen
10 minutes with Cayman valuation services leader, Tim Derksen, Deloitte
Tim Derksen is a Director in the Financial Advisory practice at Deloitte – Cayman Islands and is the valuation leader for the Caribbean and Bermuda Countries. Tim provides litigation and dispute resolution support to funds, trusts and corporate entities across a variety of industries.
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