Searching Content indexed under Litigation, Mediation & Arbitration by Tony Heaver-Wren ordered by Published Date Descending.
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The Need For Insolvency Fail-Safe In Cayman
Directors of Cayman companies owe fiduciary duties to the company to act in the interests of the company as a whole.
Cayman Islands
30 Aug 2018
Review Of 2016 Offshore Company Petition Filings & Court Orders
Our latest Appleby report provides a 2016 snapshot of the petition filings and resultant court orders in respect of distressed companies in six offshore jurisdictions.
Cayman Islands
18 May 2017
Leave For Cayman Derivative Actions – International Or Domestic Only?
The rules of court in the Cayman Islands control shareholders' entitlement to issue proceedings in the name of their company.
Cayman Islands
28 Jul 2016
China Shansui Cement Group Limited: Cement Shoes for Directors?
In 2011, in the case of Re China Milk Products Group Limited Mr Justice Jones held that the directors of an insolvent company had inherent authority to petition for its winding up...
Cayman Islands
7 Dec 2015
Decision In Re Harbinger Class PE Holdings (Cayman) Ltd – A Step Forward For Open-Ended Funds?
The recent decision in Re Harbinger Class PE Holdings (Cayman) Ltd confirms that the traditional "impossibility" test for loss of substratum will be applied in the context of a Cayman Islands company...
Cayman Islands
27 Nov 2015
Cayman Court Makes First Fair Value Determination In Merger Dispute
The Cayman Islands legislature introduced the statutory merger and consolidation regime which is now found in Part XVI of the Companies Law (2013 Revision) in May 2009.
Cayman Islands
8 Sep 2015
Side-letter Sideshow
Side-letters are generally viewed by managers as a key fundraising tool by which they can bestow ‘most favoured nation status' fee rebates, preferential redemption terms and a host of other benefits in return for investments.
Cayman Islands
24 Jul 2015
Cayman Court Limits Scope Of Arbitration Clauses In Dissolving Limited Partnerships
In the recent case of Cybernaut Growth Fund, L.P.1, limited partners accounting for approximately half of the partnership interest petitioned to wind up the partnership on just and equitable grounds, based upon loss of trust and confidence by the petitioning limited partners the in general partner.
Cayman Islands
26 Sep 2013
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