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Article 27-02-2023
If litigation proceedings are commenced in breach of a valid and enforceable agreement to arbitrate, how soon in the proceedings does a defendant need to seek a stay of the litigation?
The Supreme Court of Bermuda recently considered this question in Shelly Hall Properties v Warren [2022] SC (Bda) 101.
Article 13-12-2022
Many of 2022’s restructuring cases illustrate important trends and developments regarding Bermuda’s “light touch” provisional liquidation (or “provisional liquidation for restructuring purposes” as it is also known), a technique used many times over the last 20 years after having been first utilised by the Bermuda Supreme Court in 1999.
Article 17-11-2022
Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of 9.9% in 2020, based on data from international arbitration institutions.
Article 20-09-2022
A quick reference guide to arbitration procedures in the USA, England, Bermuda and Canada
Article 21-04-2022
The decision of the Supreme Court of Bermuda in Re Ping An Securities Group (Holdings) Limited is a useful reminder of the facts that the jurisdiction to appoint liquidators following first meetings is discretionary and that creditor autonomy in the matter of appointments is not unlimited.
Article 17-12-2021
In December 2021, the Bermuda Monetary Authority (BMA) published a number of consultation papers and stakeholder letters with proposals to refine and improve elements of the regulatory regime for insurers.
Case review 26-11-2021
On 12 November 2021, the Bermuda Supreme Court issued its written judgment in NKWE Platinum Limited v. Glendina PTY et al. [2021] SC (Bda) 86 Com.
Article 24-08-2021
This article first appeared in The ICLG to: International Arbitration Laws and Regulations, which covers common issues in international arbitration laws and regulations - including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures - in 36 jurisdictions.
Article 09-04-2021
This chapter covers common issues in enforcement of foreign judgments, laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in 25 jurisdictions.
Case review 18-03-2021
Fiona Lorraine Philipp v Barclays Bank UK PLC [2021] concerned a couple, the victims of a “push payment” fraud, who were unable to recover damages from their bank for failing to prevent the payment of substantial sums to the fraudster.
