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Offshore Litigation Blog

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To arbitrate or not - that is the question
The English commercial court has upheld the “strong public interest” position that commercial parties are at liberty to agree to resolve their disputes by arbitration and should be made to keep that agreement. Further, English courts will not lightly conclude that a dispute between commercial parties is incapable, as a matter of public policy, of being submitted to arbitration.
Privy Council permits enforcement of arbitral award under New York Convention despite alleged lack of due process
The Judicial Committee of the Privy Council has handed down its judgment in Gol Linhas Aereas SA v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others [2022] UKPC 21.
Take 10 podcast series with pulsing headphones
Take 10: Season three, episode eight - International arbitration: A lesson in case management
In our eighth episode of this season’s Take 10 podcast, Partner Andrew Thorp is joined by Partner Peter Ferrer, Co-head of our global Litigation, Insolvency and Restructuring team and Counsel Olga Osadchaya, a member of our Litigation and Insolvency practice in the BVI.
Take 10 podcast series with pulsing headphones
Take 10 season three, episode six - Arbitration in the offshore world
In the sixth episode of our Take 10 podcast, Hong Kong partner Andrew Johnstone invites Peter Ferrer, our BVI-based co-head of the global Litigation, Insolvency and Restructuring team, and Hong Kong-based counsel Andrew Chin, to join him for a discussion on all things arbitration, particularly the use of arbitration in offshore disputes.
BVI Court has the power
In the recent decision of the BVI Commercial Court in Hydro Energy v Zhaoheng, the Court continued the appointment of provisional liquidators and refused to stay the underlying application to wind up a BVI company on just and equitable grounds, notwithstanding that the applicant had already commenced arbitration proceedings in Hong Kong pursuant to which interim relief had already been granted.
Court of Appeal confirms that only fees incurred by BVI enrolled legal practitioners are recoverable
In Yao Juan v Kwok Kin Kwok and Crown Treasure Group Limited, the Court of Appeal handed down another seminal decision on costs’ recovery agreeing with the Appellant that costs incurred by lawyers not admitted to practice in the BVI are not recoverable.
Heads I win, tails you lose: traps for the unwary under the BVI Arbitration Act 2013
In Hector Finance Group Limited v Caldicott Worldwide Limited (BVIHCVAP 2020/0012), the EC Court of Appeal declined to consider the merits of an appeal from the grant of an injunction pursuant to the Arbitration Act on the basis that it had no jurisdiction to do so.
Stop right now - English Court sets aside order granting leave to enforce arbitration award under section 66 Arbitration Act 1996
In A v B the English Court set aside the Court’s order enforcing an arbitration award on the grounds that the full award debt was not currently outstanding. The Court did not dismiss the application to enforce finding that the factual dispute about whether the debt was due and payable could be dealt with at a further hearing under s66 of the Arbitration Act 1996.
Cayman Islands Court of Appeal hands down leading decision on Norwich Pharmacal order in Cayman and refuses permission to appeal to the Privy Council
The Essar group has had a set-back in the continuing disclosure action by commercial rival, ArcelorMittal, in connection with an unpaid arbitral award now well in excess of US$1.5 billion.
The Extended One-Stop-Shop (Fiona Trust) Principle
In the recent decision of Terre Neuve v Yewdale the English High Court considered applications by certain defendants challenging the Court’s jurisdiction to hear claims against them. The proceedings concerned the alleged misappropriation of a sum of €10.6 million paid by Terre Neuve to Yewdale and allegedly misapplied with the participation of the other defendants pursuant to a tax optimisation scheme.
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