The Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog is a unique online hub for news and insights about offshore litigation in jurisdictions including the British Virgin Islands, the Cayman Islands, and Bermuda. We are the authoritative resource for recent cases, jurisdictional news, court lists, interviews with the judiciary and even some tips on island life.
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Breaking news: Salford Estates overturned
The Privy Council has reversed years of settled law on the interplay between insolvency and arbitration proceedings.
19 Jun 2024
Can an arbitrable cross-claim be a ground for dismissing or staying winding up 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.
29 May 2024
Legal symphony: Courts and arbitration in perfect harmony
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.
16 Apr 2024
Enforcement of foreign arbitral award in the Cayman Islands: a recent review
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.
02 Apr 2024
Dutch Supreme Court denies major arbitration award - Sina HK emerges triumphant
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.
27 Mar 2024
Arbitrating trust affairs – Come for arbitration, stay for legal proceedings
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.
14 Mar 2024
How to enforce foreign judgments and arbitration awards in the BVI
We cover six key questions we’ve been asked on how to enforce foreign judgements and arbitration awards in the BVI. Find our top six questions here.
28 Feb 2024
BVI Commercial Court reiterates its pro-enforcement approach to New York Convention arbitration awards
In a recent decision in Qu Haiping v Window of Trade International Limited et al, the BVI Commercial Court...
29 Jan 2024
FamilyMart Privy Council decision – Just & equitable petitions susceptible to arbitration “hive off”
In a recent decision of the Privy Council in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding, on appeal from the Cayman Islands, the…
22 Sep 2023