Searching Content indexed under Contracts and Commercial Law by Appleby ordered by Published Date Descending.
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Appointment Of Mr Justice Wallbank
We are pleased to inform you of the announcement last week by the Judicial Commission of Mr Gerhard Wallbank as an acting Judge of the Commercial Division of the Eastern Caribbean Supreme Court ...
British Virgin Islands
27 May 2019
Private Mergers And Acquisitions In The Isle Of Man: Overview
The Q&A gives a high level overview of key issues including corporate entities and acquisition methods, preliminary agreements, main documents, warranties and indemnities, acquisition financing,
Isle of Man
10 Apr 2019
Secondments - Getting It Right
Secondment assignments are quite common in Bermuda, particularly in respect of start-up companies. This is where an employee (Secondee) from one organisation (Employer) is temporarily assigned...
25 Oct 2018
Self-Evident Truths For Cayman Fund Directors
One of the "self-evident truths" of the Cayman funds industry is the practice, outlawed in many other common law jurisdictions, of indemnification of directors from the assets of the company.
Cayman Islands
8 Oct 2018
Mauritius Case-Law Summary
On 26 January 2018, the Court of Civil Appeal delivered its determination on whether a resolution that was produced by a representative of the Respondent (i.e. Stoll Financial Services GmbH) (i)
6 Jul 2018
The Benefits Of Blockchain For Captive Insurers
There is no getting away from it: the insurtech revolution has arrived and, with insurers spending more time and increased resources to create and trial prototype technology, it looks as though...
22 May 2018
Getting Restructuring Recognised In Jersey
This year has already seen a number of major high street casualties in the sectors of retail and casual dining, with reports that the number of UK based restaurants "going under" increased by...
22 Mar 2018
Commercial Property Investment - Disclosure Of The Tenant's Accounts
For an investor considering the purchase of a commercial property, the covenant strength of the tenant(s) and any guarantor(s) is of central importance.
11 Nov 2016
Legitimate Interest - Changing The Law Of Penalties
Much has previously been written about what may constitute an unenforceable contractual penalty clause.
Isle of Man
12 Aug 2016
Anti-Arbitration Injunctions Restored To The Arsenal Of The BVI Court
The argument that the Arbitration Act ousted the court's existing jurisdiction also failed because it did not meet the standard that a provision of a statute seeking to oust the court's jurisdiction must be expressed in clear terms.
British Virgin Islands
18 Jul 2016
Bermuda Proposes To Introduce Third Party Contractual Rights
The Contracts (Rights of Third Parties) Act 2016 (Bill) was introduced into the Bermuda House of Assembly on 4 March 2016.
30 Mar 2016
A Look At Deal Protection Mechanisms In Bermuda
The company should also acknowledge and address the concerns of any counterparty with respect to any costs associated with a failed transaction.
23 Feb 2016
When Is A Deal Not A Deal?
Does your business enter into contracts with companies registered in foreign jusrisdictions (such as the Isle of Man, Jersey, Guernsey, the BVI or any other for that matter), if so, then I suggest that you read on.
Isle of Man
9 Feb 2016
Privy Council Clarifies Position On Non-Exclusive Arbitration Clauses In BVI
The relevant part of the arbitration clause in question read: "If a dispute cannot be settled within twenty (20) business days through negotiation, any Party may submit the dispute to binding arbitration" (our emphasis).
British Virgin Islands
3 Feb 2016
The Supreme Court Of Mauritius Re-Affirms Its Pro-Arbitration Approach
The MCB Case concerned a claim for damages that The Mauritius Commercial Bank Ltd (MCB) lodged before the Supreme Court against UBS AG, Singapore Branch (UBS Singapore) and UBS for breach of contract.
9 Sep 2015
Appleby Successfully Enforces An English Judgment Before The Supreme Court Of Mauritius
The Applicant is a company incorporated in the Isle of Man. It is the investment arm of the Dubai-based Dallah Albaraka Group, a prominent business enterprise in Saudi Arabia and the Middle East.
20 Jul 2015
The Privy Council Upholds The Court Of Appeal Of Mauritius On The Autonomy Of Letters Of Credit
In Mauri Garments Trading and Marketing Limited v The Mauritius Commercial Bank Limited the Judicial Committee of the Privy Council reiterated the fundamental principle that "[b]anks are not concerned with the rights or wrongs of the underlying disputes [between parties] but only with the performance of the obligations which they themselves have confirmed."
24 Apr 2015
The Supreme Court Of Mauritius Re-Affirms Its Pro-Arbitration Approach And Brings Clarity On Referral Under The International Arbitration Act 2008
In Mall of Mont Choisy Limited v Pick N’ Pay Retailers (Proprietary) Limited & Ors 2015 SCJ 10 the defendants challenged the jurisdiction of the Commercial Division of the Supreme Court.
4 Mar 2015
Guidance On The Approach To Trust Mistake Cases Based On Popular Tax Planning Schemes
When seeking to set aside a transaction on the basis of mistake in Guernsey where the underlying reason that the transfer took place was to engage in legitimate tax planning methods the Royal Court is unlikely to find that this would be a public policy reason justifying the refusal of the relief.
6 Feb 2015
Have You Read Your Terms And Conditions?
Legislation aiming to make terms and conditions fair for consumers came into effect at the beginning of April.
Isle of Man
22 May 2014
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