Mauritian Supreme Court disregards formality over substance under the New York Convention
On 24 September 2024, the Supreme Court of Mauritius, composed of three Designated Judges, delivered two judgments that once again highlight the non-interventionist approach of the Supreme Court in support of international arbitration and in the spirit of the New York Convention.

Where Public Policy Collides: Arbitration v. Insolvency
In an important decision which is likely to be widely cited, and to have significant ramifications for practice in the English Companies Court, the Privy Council has today decided that the decision of the English Court of Appeal in Salford Estates (No 2) v. Altomart was wrongly decided: Sian Participation Corp v. Halimeda [2024] UKPC 16. Privy Council decisions are usually only of persuasive effect in England, but the Board has, for the first time, issued a Willers v. Joyce direction to the effect that Salford is no longer to be followed in England.


ESG and private equity – towards a new role for lawyers?
Since the outbreak of the COVID-19 pandemic, much has been said on the importance of environmental, social and governance (ESG) in the private equity industry. Recently, the concept gathered momentum through the coming into force of the EU Taxonomy¹ on 01 January 2022 and the EU Sustainable Financial Disclosure Regulation in 2022. As a result of these rules, disclosures under the Task Force on Climate-Related Financial Disclosures became mandatory.

Cayman Islands Regulatory Round Up 2024
This update takes a look back at the key legal and regulatory developments which occurred during 2023. It also considers key legal and regulatory developments which will affect persons, including financial services providers (FSPs) operating in and from within the Cayman Islands during 2024.



Service via NFT Air-Drop as Good as Gold in the BVI
In the case of AQF v (1) XIO (2) VQF, (3) CGN the BVI Court approved an ex parte order for service by alternative means by serving the “unknown” First Defendants by non-fungible token (NFT) airdrop to digital wallet addresses in the BVI’s first published decision permitting alternative service via NFT air-drop under the new Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition) 2023, as well as a mandatory freezing and disclosure order against the Second and Third Respondents as “issuers” of the tokens.

HKEX’S Proposed Expansion of Paperless Listing Regime
On 30 June 2023, HKEx published the conclusions of the consultation on expanding the paperless listing regime and certain rule amendments, in an effort to foster environmental sustainability and to support the global initiatives towards greener economies and a sustainable future.


