Mondaq Offshore: Litigation, Mediation & Arbitration
Conyers Dill & Pearman
In the recent decision of in In the Matter of the Companies Law (2018 Revision) and In the Matter of Platinum Partners Value Arbitrage Fund L.P. (In Official Liquidation) the Grand Court of the Cayman Islands granted an application ...
Campbells
In a judgment delivered on 8 October 2018, the Cayman Islands Court of Appeal ("CICA") allowed a partial appeal by the joint official liquidators of Argyle Funds SPC Inc. (in Official Liquidation)...
Elias Neocleous & Co LLC
Until recently, a creditor with a claim against a debtor residing in an EU member state first had to successfully complete a civil action against the debtor.
Elias Neocleous & Co LLC
A recent Larnaca District Court judgment examined the requirements for granting mandatory injunctions on interim applications.
Clyde & Co
Court holds that English court cannot grant ant-suit injunction to restrain proceedings in another Member State court brought in breach of an arbitration agreement
Herbert Smith Freehills
A tribunal had decided liability and awarded sums as due on a basis not advanced by the claimant.
Herbert Smith Freehills
On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou Arbitration Commission ...
Jones Day
The updated rules should make the arbitration process in Hong Kong more time-efficient and cost-effective.
Herbert Smith Freehills
The HKIAC's Administered Arbitration Rules 2018 enter into force today, 1 November 2018.
Schellenberg Wittmer Ltd
The Hong Kong International Arbitration Centre (HKIAC) Council has approved the new HKIAC Administered Arbitration Rules (the "2018 Rules") which will come into force on 1 November 2018.
Herbert Smith Freehills
In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment,
Dillon Eustace
Flynn & Anor v Breccia [2018] IECA 273; Sheehan v Breccia & Ors [2018] IECA 286
Dillon Eustace
The courts will generally be in favour of alternative dispute resolution and will often encourage parties to resolve disputes by mediation.
Dillon Eustace
In a move to clarify the position in relation to differential costs orders the Court of Appeal has allowed an appeal and determined that proceedings were brought incorrectly in the High Court.
Dillon Eustace
Modern discovery rules and procedure came under more scrutiny in the recent Court of Appeal decision delivered by Judge Hogan on 09 July 2018
Ogier
The Royal Court in Jersey has a varied and challenging workload.
Baker & Partners
It is important not to be put off by the size of the task and the sheer volume of material.
Mamo TCV Advocates
A European Union national previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs which had effectively limited his right to freedom of movement ...
Mamo TCV Advocates
However, the Court disagreed with this argument, remarking that a person's debt can be paid by a third party.
Herbert Smith Freehills
Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial counterparty.
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Dillon Eustace
The courts will generally be in favour of alternative dispute resolution and will often encourage parties to resolve disputes by mediation.
Ogier
The Cayman Islands Court of Appeal has unanimously allowed every ground of an appeal by the liquidators of Argyle Funds SPC Inc. ("Argyle"), holding that its former auditors,
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
In Vice Chancellor J. Travis Laster's recent opinion in Akorn, Inc. v. Fresenius Kabi AG,1 he discusses (on pages 212-216) the general subject of "efforts" clauses in contracts governed by Delaware law
Herbert Smith Freehills
Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial counterparty.
Fenech & Fenech Advocates
On the 5th October 2018 the Maltese Court of Appeal (Inferior Competence) decided Appeal No 26/2017 in the names of Maltapost PLC Vs Kummissarju Ghall-Informazzjoni u l-Protezzjoni tadData
Ogier
Over the last four decades, the trust industry in the Channel Islands has witnessed enormous growth and change, precipitating a corresponding evolution ...
Herbert Smith Freehills
In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment,
Baker & Partners
It is important not to be put off by the size of the task and the sheer volume of material.
O'Neal Webster
The Privy Council has recently handed down the judgment in Staray Capital Limited and another v Cha Yang [2017] UKPC 43, concerning the circumstances in which majority shareholder decisions ...
Herbert Smith Freehills
The HKIAC's Administered Arbitration Rules 2018 enter into force today, 1 November 2018.
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