Conyers Offshore Case Digest (Issue No.11 April - December 2015)
The Offshore Case Digest offers readers a high level summary of the major commercial cases decided in Bermuda, the British Virgin Islands and the Cayman Islands between April 2015 and December 2015. Our goal is to provide a useful reference tool for clients and practitioners who are interested in the development of case law in each jurisdiction.
The Offshore Case Digest offers readers a high level summary of the major commercial cases decided in Bermuda, the British Virgin Islands and the Cayman Islands between April 2015 and December 2015. Our goal is to provide a useful reference tool for clients and practitioners who are interested in the development of case law in each jurisdiction.
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INDEX<br />
Arbitration<br />
7 BVI - CIVIL APPEAL - ARBITRATION - STAY PURSUANT TO SECTION 6(2) OF<br />
THE ARBITRATION ORDINANCE - APPLICATION FOR APPOINTMENT OF<br />
LIQUIDATORS - WHETHER ARBITRATION CLAUSE IN CONTRACT BROUGHT<br />
THE LIQUIDATION PROCEEDINGS WITHIN THE AMBIT OF SECTION 6(2) OF<br />
THE ARBITRATION ORDINANCE<br />
Insolvency/Winding Up/Liquidation<br />
Tax Information Exchange Agreements<br />
3 BERMUDA - INTERNATIONAL COOPERATION (TAX INFORMATION EXCHANGE<br />
AGREEMENTS) ACT, 2005 (THE “2005 ACT”) - CONTEMPT - COSTS<br />
12 CAYMAN ISLANDS - CAYMAN ISLANDS TAX INFORMATION AUTHORITY<br />
- REQUESTS FOR INFORMATION - AUSTRALIAN TAX INFORMATION<br />
EXCHANGE AGREEMENT<br />
7 BVI - CIVIL APPEAL - SETTING ASIDE STATUTORY DEMAND - SECTION 157(1)<br />
AND SECTION 157(2) OF THE INSOLVENCY ACT, 2003 - WHETHER<br />
STATUTORY DEMAND CONTRARY TO ARBITRATION CLAUSE IN CONTRACT -<br />
WHETHER THE RESPONDENT WAS BARRED BY THE CONVENTION ON THE<br />
LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS (NEW YORK,<br />
1974)<br />
10 BVI - INTERLOCUTORY APPEAL - LOAN AGREEMENT BETWEEN APPELLANT<br />
AND RESPONDENT - INTERPRETATION OF CLAUSES OF MEMORANDUM OF<br />
UNDERSTANDING - CONVERSION OF LOAN INTO EQUITY - APPOINTMENT OF<br />
LIQUIDATORS - WINDING UP - WHETHER APPELLANT BECAME<br />
SHAREHOLDER OF RESPONDENT BY IMPLIED AGREEMENT TO CONVERT<br />
LOAN TO EQUITY IN RESPONDENT OR WHETHER APPELLANT CONTINUED<br />
TO BE CREDITOR OF RESPONDENT AND WAS ENTITLED TO APPOINT<br />
LIQUIDATORS OF RESPONDENT - WHETHER LEARNED JUDGE ERRED IN<br />
STRIKING OUT APPELLANT’S APPLICATION TO WIND UP RESPONDENT ON<br />
JUST AND EQUITABLE GROUND - STANDING - ARBITRATION - EFFECT OF<br />
ARBITRATION<br />
14 CAYMAN ISLANDS - PETITION STRUCK OUT AS ABUSE OF PROCESS<br />
- SECTION 95(3) COMPANIES LAW - AGREEEMENT NOT TO PRESENT<br />
WINDING UP PETITION<br />
14 CAYMAN ISLANDS - WINDING UP PETITION - APPLICATION BY<br />
SHAREHOLDERS TO STRIKE OUT PETITION ON GROUNDS DIRECTORS NOT<br />
AUTHORISED<br />
17 CAYMAN ISLANDS - SECTION 145 COMPANIES LAW - PREFERENCE - SECTION<br />
93 COMPANIES LAW - SOLVENCY<br />
Administrative Law – Judicial Review<br />
11 BVI - INTERLOCUTORY APPEAL - CONSPIRACY - LAWFUL MEANS<br />
CONSPIRACY - INTENTION TO INJURE - AGENCY - LIABILITY OF DIRECTOR<br />
FOR CONSPIRACY TOGETHER WITH COMPANY OF WHICH HE/SHE IS<br />
DIRECTOR - WHETHER LEARNED JUDGE EXERCISED HIS DISCRETION<br />
IMPROPERLY - APPLICATION BY RESPONDENT TO STRIKE OUT APPELLANTS’<br />
CLAIM IN COURT BELOW - APPLICATION BY RESPONDENT FOR SUMMARY<br />
JUDGMENT - APPLICABLE LEGAL TESTS - WHETHER BVI IS APPROPRIATE<br />
FORUM FOR TRIAL OF APPELLANTS’ CONSPIRACY CLAIM<br />
15 CAYMAN ISLANDS - APPARENT BIAS - JUDGES SITTING IN MULTIPLE<br />
JURISDICTIONS<br />
19