The petition debt must be disputed on substantial grounds. It is an abuse of process to use the winding up court as a debt collection agency.
If the Court is to accede to an application to restrain a winding-up petition,...more
For the purposes of determining the incidence of costs under Buckton, the fact that the relief sought is strenuously opposed by a party and comments are traded that some might perceive as "hostile" does not mean that a...more
The circumstances in which an unsuccessful party in arbitration may resist enforcement of an award in the Cayman Islands are limited in number and narrow in scope.
The judiciary are alive to the risk that parties may run...more
8/21/2024
/ Books & Records ,
Cayman Islands ,
DIFC ,
Enforcement ,
Estoppel ,
Ex Parte ,
Hague Convention ,
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International Arbitration ,
Jurisdiction ,
LCIA ,
Liability ,
Limited Partnerships ,
Public Policy ,
Stays
In an unprecedented turn of events, two recent proceedings in the Grand Court of the Cayman Islands considered the same complex legal issues just one week apart. Both In the Matter of HQP Corporation Limited (assigned to...more
Introduction -
The Judicial Committee of the Privy Council has handed down its long-awaited judgment in the joined cases of Equity Trust (Jersey) Ltd v Halabi and ITG Ltd and others v Fort Trustees Ltd, each focusing on...more
These important amendments to Part V of the Cayman Islands Companies Act ("Companies Act") will introduce a new restructuring officer regime available to companies in financial distress, which can be accessed without the need...more
A recent decision of Kawaley J sitting in the Grand Court of the Cayman Islands (the “Grand Court”) has provided helpful clarification on what he described as a “legally significant” and “important jurisdictional point”. The...more