A Corp V Firm B: The Abcs Of Arbitral Confidentiality
In the recent judgment in A Corp v Firm B, the High Court of England and Wales set out an elucidating analysis of the extent of the obligation of arbitral confidentiality, and the exceptions to that obligation. The key takeaways from this judgment are not to be missed by those involved in Cayman seated arbitrations or looking to enforce foreign awards in the Cayman Islands.
Impact of Privacy Law on Bermuda Business
On 1st January 2025, Bermuda’s Personal Information Protection Act 2016 (PIPA) came into full force and effect. Based on the core principles of data protection and privacy law internationally, PIPA has profound operational, legal compliance and corporate governance implications for all businesses that use personal information in Bermuda. At the same time, PIPA brings Bermuda into the accepted world of international ‘safe data harbours’.
Simplified Due Diligence in Bermuda
Simplified Due Diligence (SDD) and Reduced Due Diligence (RDD) are critical features of a modern, risk-based anti-money laundering framework. They offer regulated financial institutions the opportunity to streamline customer onboarding and monitoring processes in cases where the risk of money laundering or terrorist financing is demonstrably low.
Panda bonds, initially launched in 2005, saw unprecedented popularity in recent years. This surge is likely driven by factors such as the divergence in the United States (“U.S.”) - China monetary policy and ongoing geopolitical tensions. Panda bonds - renminbi (“RMB”) denominated bonds issued within China's domestic bond market by entities domiciled outside of China - serve as a strategic financing tool. Issuers range from Chinese-owned companies incorporated in offshore financial centers with primary operations in China to international corporations, financial institutions and sovereign entities.
Practical Tips for Conducting Workplace Investigations
Allegations of harassment, bullying or other misconduct in the workplace can create a legal mine field for an employer and be a stressful and uncertain experience for the employee against whom allegations have been made. Safety of other employees, reputation of the employer company and the risk of expensive litigation may all be at issue. Employers are therefore often under pressure to act quickly and decisively to resolve the situation. By conducting a thorough and fair workplace investigations, employers can address workplace issues effectively, protect their employees and minimise legal risks.
Professional emails are personal data
Case Commentary – France, Cour de cassation, 18 June 2025, 23-19.022 Professional emails are personal data.
Bermuda encourages investment with residential certificates
On March 31, 2023, the Bermuda Government replaced its previous tool intended to attract capital to the island, through residency incentives, with the Economic Investment Residential Certificate programme.
Achieving Bankruptcy Remoteness in Structured Finance
The structured finance market in the APAC region continues to grow in recent years, particular in the number of new issuances and the use of different financial products in complex structuring. Cayman special purpose vehicles (SPVs) are one of the most utilized offshore vehicles in the Asian structured finance industry, which is well supported by established legal and regulatory regimes. This article introduces a key feature of securitisation and repackaging, which is the ring-fencing of assets and removing them from the bankruptcy risks of the originator/seller of the assets – often referred to as bankruptcy remoteness. Investors of structured notes can simply take on the credit risks of the underlying asset, and the seller can achieve off-balance sheet treatment of the underlying asset.
Minority shareholder protections in the Cayman Islands - What are your options?
Minority shareholders often query whether a jurisdiction’s laws afford them a level of comfort or protection. Although there is no standalone statutory remedy under the Cayman Islands Companies Act (as revised) (the Act) for actions by controlling shareholders which are unfairly prejudicial to minority shareholders (or non-voting shareholders), Cayman Islands law does provide several avenues of protection for those seeking redress.
Bermuda Paves the Way for Captive Insurers with New Stablecoin Policy
The Bermuda Monetary Authority (BMA) has announced a significant new policy framework that allows captive insurers to integrate recognized stablecoins into their operations, marking a progressive step for the island's competitive insurance jurisdiction. This move comes in response to increasing market demand and reinforces Bermuda's commitment to fostering responsible innovation while maintaining robust regulatory oversight.
