Nicholas Brookes
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
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Newsletter
31 March 2022
British Virgin Islands, Cayman Islands, Guernsey, Hong Kong, Jersey
2 min read
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If there's a common thread across offshore dispute resolution at the moment, it's the sheer variety of mandates coming in.
This variety is reflected in the range of content from our team in this edition, from shareholder disputes to major fund disputes and everything in between. The value and complexity of the disputes analysed by the team is yet more proof that offshore jurisdictions are working at the cutting edge of litigation – and offshore courts are proving their agility in responding to evolving circumstances.
Enjoy In Your Court – and if you would like to discuss any of these topics further, please get in touch.
Meet our global Dispute Resolution team.
Read the latest from our Cayman law practitioners across the globe
Arbitration: BVI considers issues of enforcement upon a state
Our BVI team acted in the first case in the jurisdiction dealing with recognition and enforcement of an ICSID Arbitration Award, the procedural requirements for service on a foreign state under the Eastern Caribbean CPR and the circumstances in which state-owned corporations can be assimilated to the state to meet the state's obligations under an arbitration award. Read more here.
The Eastern Caribbean Court of Appeal continues protection for Nam Tai shareholders
The Eastern Caribbean Court of Appeal delivered two decisions that have continued the protection afforded by the BVI Commercial Court to shareholders in Nam Tai Property Inc, a BVI company whose shares are listed on the New York Stock Exchange.
The speed with which the Commercial Court and Court of Appeal have dealt with the proceedings and the decisions of those courts, provide important reassurance for investors that their shareholdings in BVI companies will be protected effectively, and that is important for the BVI. Read more here.
The Carlyle Case: what can be learnt from a billion dollar fund collapse?
The collapse of the billion dollar Carlyle Capital Corporation Guernsey-based fund in 2008 led to litigation spanning a decade. The lessons to be learnt from this case and the legal analysis of directors’ duties are relevant in the current climate of the COVID-19 pandemic which has caused severe global economic disruption and may lead to other fund collapses. Read more here.
Guernsey's new Enforcement Law in summary
Guernsey's long term project to revise and restate its suite of regulatory laws is complete, and the resulting laws are now in effect. This includes the approach to enforcement taken by the Commission and the concomitant new Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (the Enforcement Law). Read more here.
Don't miss our top ten tips for dealing with regulatory investigations
The regulatory environment is increasingly complex and is often challenging for regulated businesses. Specialist legal support is frequently required to advise on regulatory change or to consider the right response to potential issues. In this infographic, we share our top ten tips for dealing with regulatory investigations. Download it here.
Nicholas Brookes
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
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Nicholas Burkill
Partner | Legal
British Virgin Islands
Partner
British Virgin Islands
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Ewelina Clyde-Smith
Counsel | Legal
British Virgin Islands, London
Counsel
British Virgin Islands, London
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Sarah Latham
Managing Associate | Legal
British Virgin Islands
Managing Associate
British Virgin Islands
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James McDermott
Senior Associate | Legal
British Virgin Islands, Ireland
Senior Associate
British Virgin Islands, Ireland
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Jennifer Fox
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Marc Kish
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Gemma Bellfield (nee Lardner)
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Rachael Reynolds KC
Global Senior Partner | Legal
Cayman Islands
Global Senior Partner
Cayman Islands
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Christopher Levers
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Rebecca Findlay
Managing Associate | Legal
Cayman Islands
Managing Associate
Cayman Islands
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Farrah Sbaiti
Managing Associate | Legal
Cayman Islands
Managing Associate
Cayman Islands
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Harry Clark
Associate | Legal
Cayman Islands
Associate
Cayman Islands
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Nour Khaleq
Senior Associate | Legal
Cayman Islands
Senior Associate
Cayman Islands
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Simon Davies
Partner | Legal
Guernsey
Partner
Guernsey
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Bryan De Verneuil-Smith
Partner | Legal
Guernsey
Partner
Guernsey
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Alex Horsbrugh-Porter
Partner | Legal
Guernsey
Partner
Guernsey
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Sandie Lyne
Partner | Legal
Guernsey
Partner
Guernsey
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Mathew Newman
Partner | Legal
Guernsey
Partner
Guernsey
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Michael Rogers
Managing Associate | Legal
Guernsey
Managing Associate
Guernsey
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Nick Taitz
Senior Associate | Legal
Guernsey
Senior Associate
Guernsey
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Oliver Payne 彭奥礼
Partner 合伙人 | Legal
Hong Kong
Partner 合伙人
Hong Kong
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Michael Snape 石迈可
Consultant 顾问 | Legal
Hong Kong
Consultant 顾问
Hong Kong
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Shaun Maloney
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Nick Williams
Partner | Legal
Jersey
Partner
Jersey
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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Partner
London, Cayman Islands, British Virgin Islands
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