Mondaq Offshore: Litigation, Mediation & Arbitration
Conyers Dill & Pearman
Instead each party bears the burden of proving the value for which it contends, and relies on the Court to finally determine the fair value.
Walkers
In this edition of Vannin Capital's In Conversation Series, London Managing Director, Rosemary Ioannou discusses the development of third party funding in offshore financial centres with John O'Driscoll...
Conyers Dill & Pearman
In ordinary commercial litigation there is a plaintiff making a claim and a defendant resisting the claim made by the plaintiff.
Conyers Dill & Pearman
Earlier this month, the Hong Kong Companies Judge Hon Harris J. handed down Reasons for Decision in Re China Lumena New Materials Corp which usefully clarifies the Hong Kong Court's view on powers of foreign insolvency...
Conyers Dill & Pearman
In In the matter of Trina Solar Limited1 ("Trina Solar") the Grand Court of the Cayman Islands refused an interlocutory application, made by a group of dissenting shareholders (the "Dissenters") ...
Elias Neocleous & Co LLC
The issue of jurisdiction was at the centre of a recent action in the Limassol District Court, which dismissed the claimant's case at an early stage after hearing an application filed by the defendant...
Elias Neocleous & Co LLC
In a recent appeal case, the Supreme Court overturned a first-instance judgment regarding the timing of the completion of the pleadings and, consequently, the deadline for filing a summons ...
Elias Neocleous & Co LLC
EU regulations aim to establish the uniform application of law throughout the European Union.
Walkers
When negotiating difficult trust matters, candid correspondence can lower temperatures and enable parties to work constructively to resolve disputes.
Gough Law
Anyone who has been involved in a civil case will know that the obligation of disclosure of documents – or "discovery" as it used to be called – is a burdensome process.
Gough Law
In a recent judgment, the High Court has reaffirmed the costs philosophy underlying the conduct of civil litigation in the Isle of Man under the Rules of the High Court of Justice of the Isle of Man, ...
Gough Law
In a recent decision, the English High Court has held that the terms of a litigation funding agreement were protected by legal advice privilege, such that they were not capable of being disclosed to the opposing party.
Baker & Partners
In common law jurisdictions such as England and Jersey, privilege is a fundamental principle of justice which enables a client to talk openly to his lawyer, secure in the knowledge that nothing he says will later be made public.
Appleby
On 2 August 2017, the Industrial Court of Mauritius (Industrial Court) awarded a historic amount of MUR 100,000 [ฑ USD 3,000] as security of costs. This decision is significant in three respects.
STA Law Firm
We are always encouraged to voice our thoughts and to use the liberty of freedom of speech.
STA Law Firm
Witness testimony is undoubtedly the oldest form of evidence and is given the most credibility in the courts.
Fenwick Elliott LLP
The United Arab Emirates seems to be very close to putting in the last piece of the puzzle for the region's most genuine arbitration-friendly jurisdiction.
STA Law Firm
Witness testimony is undoubtedly the oldest form of evidence and is given the most credibility in the courts.
Clyde & Co
Defamation in the UAE is often thought of in the context of social media.
Clyde & Co
The UAE government has announced that the Federal National Council has approved the draft Arbitration Law.
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Appleby
New rules mean third-party litigation funding has become acceptable in the Cayman Islands and Hong Kong in certain instances, opening up new investment opportunities for the growing number of hedge fund operating in the space.
Campbells
In a Ruling that will be of interest to users of the Cayman courts, the Grand Court has ordered a Cayman fund in liquidation to pay as damages, the costs of foreign proceedings commenced in breach of contract ...
Juristconsult Chambers
When the Constitution was enacted in 1968, there was not much business around apart from sugar cane, industries accessory to it and basic trade and commerce for the needs of colonial Mauritius.
Appleby
On 2 August 2017, the Industrial Court of Mauritius (Industrial Court) awarded a historic amount of MUR 100,000 [ฑ USD 3,000] as security of costs. This decision is significant in three respects.
STA Law Firm
Witness testimony is undoubtedly the oldest form of evidence and is given the most credibility in the courts.
Conyers Dill & Pearman
On 23 March 2018 Bermuda brought into operation legislation requiring all Bermuda companies, except those that are exempted, to obtain information regarding their beneficial owners...
Elias Neocleous & Co LLC
EU regulations aim to establish the uniform application of law throughout the European Union.
Ogier
In Urbania International Management Consultancy v Petrofac International Limited the Royal Court determined, for the first time in Jersey, whether it is required to stay proceedings for arbitration even where a Defendant clearly has no defence.
Finance Malta
A new Commercial section of the Civil Court will enter into force on 9th April 2018. This is being done in agreement with the judiciary, and after due approval by Parliament.
STA Law Firm
Witness testimony is undoubtedly the oldest form of evidence and is given the most credibility in the courts.
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