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Article 2023-02-27
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 2022-12-13
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 2022-11-17
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 2022-09-22
The Bermuda Monetary Authority (BMA) has published its revised Insurance Code of Conduct, which came into effect on 31 August 2022.
Article 2022-09-20
A quick reference guide to arbitration procedures in the USA, England, Bermuda and Canada
Article 2022-07-08
Third-party guarantors of the liabilities of a long-term insurer may be released if the insurer’s long-term business is transferred to a new insurer using section 25 of Bermuda’s Insurance Act 1978 (“Insurance Act”).
Article 2022-06-29
This article first appeared in The ICLG to: Restructuring and Insolvency Laws & Regulations, which covers common issues in restructuring and insolvency, including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees and cross-border is.
Article 2022-04-21
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 2021-12-17
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 2021-11-26
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.
