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Conyers
Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023)...
Collas Crill
In light of the privacy afforded to companies incorporated in the British Virgin Islands (the BVI), it is no surprise that the BVI Court regularly considers applications seeking disclosure...
Appleby
In the recent decision of China Minsheng Banking Corp., Ltd., Hong Kong Branch v Tai Feng Investments Limited, the BVI Commercial Court...
Ogier
Our analysis of a recent court judgment in the ongoing liquidation of the high profile crypto-asset hedge fund Three Arrows Capital is by Nicholas Brookes and Romauld Johnson...
Harneys
In a significant ruling, His Honour Justice Johns KC determined that when calculating equitable compensation, proprietary claims and recoveries made from third parties should be taken into account.
Harneys
We have created this guide to cover frequently asked questions on how to deal with insolvent British Virgin Islands companies.
Cayman Islands
Harneys
Justice Parker's decision of in North Sound Pharmaceuticals Inc concerns an appeal against the rejection of a proof of debt in a liquidation.
Walkers
A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof).
Walkers
The Grand Court of the Cayman Islands recently confirmed expressly for the first time that it has jurisdiction to wind up a segregated portfolio company ("SPC")...
Hong Kong
Harneys
In the recent decision of In the Matter of Bo Run SPC, the Grand Court of the Cayman Islands considered whether it was permissible to file a composite petition to appoint receivers...
Harneys
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)...
Appleby
This Restructuring Officer (RO) regime came into force in August 2022 and since then we have seen a handful of petitions for the appointment of ROs come before the Grand Court.
Ireland
Dillon Eustace
Generally speaking, no. Neither lending to (larger) corporate borrowers nor taking the benefit of security over assets located in Ireland requires a foreign or nonbank lender to be licenced...
Jersey
Walkers
In the latest episode of We Talk Banking and Finance, host and Walkers partner Zoë Hallam is joined by Nick Charlwood, partner at Allen and Overy in their Global Restructuring...
Luxembourg
Baker McKenzie
Through the EU Directive on Restructuring and Insolvency of 20 June 2019 (EUR 2019/1023, "Directive"), the European Union has imposed an obligation on its member states to offer a more attractive...
Baker McKenzie
It should be noted, however, that prior proof of the successful completion of the business transfer reorganization procedure by court order is not a condition for the opening of this procedure...
Ogier
In this article, partner Bertrand Géradin and managing associate David Al Mari from Ogier's Restructuring and Insolvency team in Luxembourg provide a high level summary of the enforcement mechanisms...
Mauritius
Appleby
The Court of Civil Appeal (CCA) delivered an interesting judgment on the adequacy of affidavit evidence when making a bankruptcy order. The CCA, acting solely on the basis of affidavit evidence...
European Union
Fenech & Fenech Advocates
In a bid to reinforce the Capital Markets Union (the "CMU"), on the 7th December 2022 the European Commission unveiled the "Proposal for a Directive Of The European Parliament And Of The Council harmonising...
Appleby
The Bankruptcy Court for the Southern District of New York last week issued a decision denying the Joint Official Liquidators of the Cayman Islands...
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