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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.
Not the Time or Place: Important considerations for proof of debt appeals
Justice Parker’s decision of In North Sound Pharmaceuticals Inc concerns an appeal against the rejection of a proof of debt in a liquidation. The judgment highlights a number of procedural and practical considerations for would-be appellants and their advisors alike.
Pyrrhic defeat: a cautionary tale for ambushing ex parte applications
In the case of In the Matter of Orient TM Parent Ltd (Unrep, Grand Court, 27 July 2022), the Grand Court of the Cayman Islands dismissed with indemnity costs the petitioners’ application for the appointment of joint provisional liquidators (the JPLs) and alternative injunctive relief relating to the company’s assets.
Wrapping it up
In the recent decision of CF v DLG, the BVI Commercial Court held that a two-step process is to be preferred over the use of “wrap up orders” in Norwich Pharmacal proceedings. The applicant, a judgment creditor, sought Norwich Pharmacal relief against registered agency service providers to the judgment debtor, for information to assist with considering its enforcement options.
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.
I’m Still Standing: New York court confirms BFAM may pursue Glory Health for US$200m in missed note payments
A recent decision the Supreme Court of the State of New York has determined that the beneficial owners of bonds have standing to bring claims against the bond issuer and guarantors.
Birds fly across the wall: insufficient evidence to justify substituted service
In an earlier case of In the Matter of Orient TM Parent Ltd (Unrep, Grand Court, 27 July 2022), the Grand Court of Cayman Islands dismissed the application of the petitioners for substituted service of the winding up petition in the PRC, and was critical of the evidence filed in support, noting a distinct lack of it
Proofs of debt: looking behind a default judgment
In the recent Hong Kong decision of Re Primlaks (H.K.) Ltd (In Liquidation), the High Court confirmed the liquidators’ decision to reject the applicant’s proof of debt (POD) on the grounds that: (1) the liquidators were entitled to go behind the default judgment, which formed the basis of the POD, on the ground of a miscarriage of justice; and (2) the applicant had not discharged its burden of proving the loans underlying the default judgment were genuine debts owed by the company.
Bedddoes, Anti-suits and Déjà vu
In the recent decision of G Trust, the Cayman Islands Grand Court had little hesitation in directing that the trustee could apply to restrain certain beneficiaries from pursuing an application in Hong Kong to appoi…
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