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Jurisdiction Public Policy Enforcement

Walkers

IKON Shina Ltd v Smyshliaeva: Where the rubber meets the road on the enforcement of foreign insolvency judgments in the BVI

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The British Virgin Island (BVI) Court will enforce via BVI Court judgments amounts due under judgments arising out of foreign insolvency processes, provided those judgments satisfy the common law tests of finality,...more

DarrowEverett LLP

The Effect of Choice of Law Provisions in Prenuptial Agreements

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When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

Walkers

Enforcement of foreign arbitral awards by the Grand Court of the Cayman Islands

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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

White & Case LLP

High Court of South Africa decisively dismisses public policy challenge to the recognition of a foreign arbitral award

White & Case LLP on

On 24 August 2023, the Gauteng Division of the High Court dismissed an application for leave to appeal a court order recognising and enforcing a foreign arbitral award under South Africa's International Arbitration Act 15 of...more

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