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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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
Enforcement of arbitral awards in the British Virgin Islands
The BVI has taken significant steps in the last decade to develop and promote its role in international arbitration. The BVI Arbitration Act (the Act), which is modelled on the UNCITRAL Model Law, came into force on 1 October 2014. In November 2016, the BVI International Arbitration Centre opened its doors with its rules based on 2010 UNCITRAL Arbitration Rules. It is a modern and technologically effective framework that was well prepared for the remote hearing requirements necessitated by the Covid-19 pandemic. Most commercial court hearings continue to be conducted remotely, although a return to in-person hearings is currently being contemplated (at least for trials). Aside from attracting parties to arbitrate in the BVI, the framework also ensures that foreign arbitral awards are recognised and enforced effectively in the jurisdiction.
30 May 2023
A fanciful risk? English court disagrees with Jersey court on former trustee retaining trust assets against risks of future liability
In the recent English High Court decision of Perez v Equiom Trust Corporation (UK) Ltd and Equiom Trust (South Dakota) LLC [2022], the claimant revoked an English law governed trust of which the defendants were the trustees, and sought declarations that the revocation was valid, and that the defendants held trust assets on bare trust for the claimant and at her direction.
14 Mar 2023