Offshore Litigation

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Offshore Litigation

The Offshore Litigation Blog is where you will find recent case updates, offshore litigation news, offshore filings lists, interviews and even some insights into island life, written by Harneys litigators from around the world.

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands

English Court of Appeal confirms power to order taking of evidence in support of New York Arbitration

On 19 March 2020, in A, B v C, D and E [2020] EWCA Civ 409, the English Court of Appeal confirmed that the Court has the power under section 44(2)(a) of the Arbitration Act 1996 to order a non-party English resident to give evidence in support of a foreign arbitration overturning the High Court judgment.

Paula Gibbs, Peter Ferrer,
Paula Kay, William Peake

Salford Estates and the effect of an arbitration agreement on a winding-up petition: the debate rumbles on in new Hong Kong judgment

Since the 2014 English decision in Salford Estates (No. 2) Limited v Altomart Limited, there has been debate about how common law courts should approach winding-up petitions based on debts arising under contracts containing arbitration agreements. In the recent judgment of Re Asia Master Logistics Limited, the Hong Kong court has added a forceful new perspective to this debate.

Strachan Gray, Jayson Wood,
Claire Goldstein, William Peake,
Julie Engwirda

To what extent will the courts accept public policy as a defence to enforcement?

In the recent decision of Lenkor Energy Trading DMCC v Puri [2020] EWHC 75 (QBD), the English High Court analysed the scope of the public policy defence to the recognition and enforcement of a foreign monetary judgment. The decision includes principles of application in both onshore and offshore jurisdictions.

Claire Goldstein, Henry Mander,
Phillip Kite, Julie Engwirda

Koshigi Limited and Svoboda Corporation v. Donna Union Foundation (BVIHCMAPP2018/0043 and 0050 of 17 January 2019)

On an appeal from the BVI, the Eastern Caribbean Court of Appeal handed down judgment in one of the first cases in the jurisdiction dealing with interim relief – in this case both an injunction and a receiver - in support of foreign arbitral proceedings. The receiver arguably represents the most powerful weapon in the armoury available for asset tracing in the British Virgin Islands. As BVI companies are often used as holding vehicles, using a receiver to take control of the corporate structure and move 'downstream' to the assets is a particularly potent strategy. Recent developments in case law have made this remedy more widely available.

Ian Mann, Paula Kay,
Peter Ferrer, Christopher Pease

The perils of arbitration and variation clauses

The recent decision of the English Court of Appeal in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2020] EWCA Civ6 highlights the significant difficulties that can arise when an arbitration clause is ambiguous, and when parties fail to document a change to their agreement.

Niall Dodd, Paul Smith,
Jonathan Addo, William Peake,
Vicky Lord