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Results: 1-10 of 39

Eastern Caribbean Court of Appeal considers enforcement issues

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • September 15 2011

The Eastern Caribbean Court of Appeal recently handed down the latest decision in the long-running Alfa Telecom Turkey Limited v Cukurova Finance International Limited case

Free standing relief - Black Swan orders

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • February 23 2012

It has been almost 3 years since the substantial change to BVI law, brought about by the Black Swan case

Restoration of a BVI company following dissolution for the Asian market

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • March 22 2011

The BVI company has enjoyed immense popularity and success in Asia as the offshore company of choice and enjoys an unrivalled reputation for cost effectiveness, flexibility, investor familiarity, ease of incorporation and low costs of maintenance

Litigation update: free-standing relief under Black Swan orders

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • March 22 2012

Before 2010, freezing injunctions in the British Virgin Islands were available only ancillary to a substantive domestic cause of action against the respondent

Redemption of shares and consideration

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • September 22 2011

In a decision of interest in a number of jurisdictions where these types of claims have been made, the BVI Commercial Court handed down judgment today in the claim brought by the liquidators of Fairfield Sentry Limited, a BVI fund which invested in Bernard Madoff’s investment vehicle

Madoff litigation

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • March 22 2011

In Irving H. Picard v Bernard L. Madoff Investment Securities LLC, BVIHCV 01402010, the trustee appointed in the liquidation of the business of Bernard L. Madoff Investment Securities LLC (“Picard” and “BLMIS”) sought, amongst other things, (i) recognition in the BVI as a foreign representative; (ii) an entitlement to apply to the BVI Court for orders in aid of the foreign proceeding; and (iii) an entitlement to require any person to deliver up to him any property of BLMIS

Cayman court ruling on redemptions is significant legal marker for offshore funds

  • Harney Westwood & Riegels
  • -
  • Cayman Islands
  • -
  • January 13 2009

In the current economic climate many offshore funds are continuing to receive large numbers of redemption requests

Liquidators’ fees and the setting aside of a winding up order: who pays?

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • March 22 2011

The recent decision in Pacific China Holdings Limited v Grand Pacific Holdings Limited, BVIHCV 2009389 sets out the view of the BVI Commercial Court as to who, if anyone, should be responsible for the remuneration of liquidators where a liquidation order is set aside on appeal

Applications for rectification of registers of members under section 43 of the BVI Business Companies Act 2004

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands
  • -
  • March 22 2011

In Royal Westminster Investments S.A. and others v Nilon Limited and another, BVIHCV 2010039, Bannister J. in the BVI High Court Commercial Division conclusively addressed the issue of whether and when it is appropriate to bring an application for the rectification of a company’s register of members under section 43 of the BVI Business Companies Act 2004 (the “BC Act”), a question whose answer has been in doubt for some time in the BVI

Enforcing orders made in foreign insolvency proceedings

  • Harney Westwood & Riegels
  • -
  • British Virgin Islands, Cayman Islands, United Kingdom
  • -
  • October 24 2012

This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v. Eurofinance SA 2012 UKSC 46, which was handed down on 24 October 2012