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Publications

Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Read our latest publications below.

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Website-Code-Mauritius-1
27 Aug 2025

The Mauritian National Budget 2025/2026 - From abyss to prosperity: Rebuilding the bridge to future

On 05 June 2025, Dr Navinchandra Ramgoolam GCSK, FRCP, Prime Minister of Mauritius, in his capacity as Minister of Finance (Minister of Finance) tabled the National Budget for the fiscal year 2025-2026 under the theme “From Abyss to Prosperity: Rebuilding the Bridge to the Future”.

Appleby-Website-Employment-and-Immigration
26 Aug 2025

Walking the Tightrope of Restrictive Covenants

Restrictive covenants in employment agreements can often be a tightrope for employers. Ideally, those restrictive covenants would be as broad as possible. However, in order to be enforceable, any restrictions must go no further than is reasonable for the protection of the employer’s business. This article explores the different types of restrictive covenants, the factors that are taken into consideration by courts in enforcing them and the importance of choosing the language of restrictive covenants carefully to minimize the chances of ending up in court.

ICLG Fintech 21 cover
26 Aug 2025

Insights from the BMA’s Discussion Paper on Responsible Use of Artificial Intelligence in Bermuda’s Financial Sector

The Bermuda Monetary Authority (BMA) recently published a discussion paper on 30 July, 2025: The Responsible Use of Artificial Intelligence in Bermuda’s Financial Sector (Discussion Paper), which provides an overview of Artificial Intelligence (AI) applications, an assessment of global regulatory approaches, sector-specific risks and opportunities presented by AI and an outline of potential pathways for developing an appropriate regulatory framework.

Appleby-Website-Insurance-and-Reinsurance
25 Aug 2025

Bermuda – Influential Women in Hamilton: Melinda Mayne

Insurance companies in Bermuda are more open to discussions on diversity and inclusion, though there’s still work to be done, says a senior associate at Appleby.

Appleby-Website-Arbitration-and-Dispute-Resolution
25 Aug 2025

Guide to International Arbitration in the Cayman Islands 2025

This country-specific guide provides the latest legal information on global arbitration practice and trends, including governing legislation, arbitral tribunals, challenges to jurisdiction, preliminary and interim relief, collection and submission of evidence, confidentiality, types of remedies, enforcement and review of awards, class actions, and third-party funding in the Cayman Islands.

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
21 Aug 2025

Hong Kong and Australian courts recognise principles of segregation in Cayman SPCs

In two recent judgments, Tjin Joen Joe, Andy Tsjoe Kong and another v Oakwise Value Fund SPC [2025] HKCFI 1281 (Oakwise Value Fund) and Cowan, in the matter of Coinful Capital Fund, SPC (in Official Liquidation) [2025] FCA 315 (Coinful Capital Fund), the High Court of Hong Kong and the Federal Court of Australia have recognised fundamental principles underpinning the Cayman Islands segregated portfolio companies (SPC) regime.

Appleby-Website-Arbitration-and-Dispute-Resolution
18 Aug 2025

Mauritius as an Ideal Seat for Arbitration

In one of its recent determinations, the Mauritian Supreme Court re-affirmed a line of decisions which confirmed its support to arbitration, whether international or domestic. These determinations reflect its understanding of the needs of business community, characterised by a marked choice to resolve disputes through a private mechanism to allow existing business relationships to thrive.

Private Client Trusts
15 Aug 2025

Bermuda: An Introduction to Offshore: Trusts

With decades of prominence in the private wealth sphere, many of the world’s oldest and largest trusts are Bermuda trusts, meaning that the jurisdiction frequently yields internationally important cases, such as, recently, the X Trusts litigation on the scope of the protector’s role in private trusts (soon to be heard by the Privy Council) and the Wong litigation which was also referred to the Privy Council and clarified the scope of trustees’ powers under the proper purpose rule.

Appleby-Website-Private-Client-and-Trusts-Practice
12 Aug 2025

Tempering the wind to the shorn lamb (Case Note): Stevens v Hotel Portfolio II UK Limited [2025] UKSC 28

Marcus Staff  verifies that trusts imposed by law aren’t wagging the voluntary trust dog  by cross-checking that principles laid down about constructive trusts in Stevens v Hotel Portfolio II (UKSC) — providing claimants with versatile personal and proprietary enforcement strategies —  fit with conventional trust accounting practice.

Appleby-Website-Fund-Finance
12 Aug 2025

Cayman Ultimate General Partners in Subscription Facilities: Do They Ultimately Matter?

In subscription finance transactions where the borrower or another pledgor entity (such as a feeder fundor guarantor) is a Delaware limited partnership or a Cayman Islands exempted limited partnership (ELP),the role of the general partner (GP) is well understood and regarded as fundamental to the securitystructure. The GP is the entity that exercises the right to call capital from investors and typically grantssecurity over those rights in connection with the facility.

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Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Register to receive these updates straight to your inbox.