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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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The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
27 May 2024

Hong Kong Court of Appeal considers the enforceability of Keepwell Deed for the first time

On 10 May 2024 the Hong Kong Court of Appeal handed down its judgment in Nuoxi Capital Limited v. Peking University Founder Group Company Limited CACV 184/20231 . This is the first time that the Court of Appeal has considered the enforceability of “Keepwell” Deeds and while their use has declined since January 2017, their prevalence in certain types of lending renders the decision important.

Brad Adderley, Bermuda Managing Partner at Appleby, will speak at the 2022 Society of Actuaries (SOA) Life Meeting on 23-26 August in Chicago.
23 May 2024

Regulatory oversight is key for Bermuda’s insurance sector

Bermuda’s thriving insurance and reinsurance sector requires effective regulatory oversight if it is to continue to be a world leader.

Asia Talks 560 x 380
22 May 2024

Podcast: The Hong Kong Stock Exchange Expanded Paperless Listing Regime and Treasury Share Rules

Join us as we shed light on the new corporate governance and internal controls requirement for all the Cayman regulated entities.

Jersey 1024x576
22 May 2024

Listing and Delisting Eurobonds on The International Stock Exchange

Find out more about the advantages of listing debt securities on TISE, including the wide international recognition enjoyed by TISE, as well as covering the process for delisting

Corporate
19 May 2024

BVI Company Distributions - From Dividends to Reorganisations

The British Virgin Islands (BVI) as one of the leading international financial centers (IFCs) globally with over 360,000 active companies , has developed a flexible, commercial and innovative system of corporate law. An important practical component and mechanism of BVI law relates to distributions made by BVI companies, particularly the use of distributions in structuring transactions.

Dispute Resolution
16 May 2024

Justice Kawaley’s recent decisions confirm the Cayman Islands’ narrow approach to setting aside ex parte Orders for the enforcement of foreign arbitral awards

The Cayman Islands’ Courts continue to adopt a pro-enforcement policy in relation to foreign arbitral awards, as demonstrated in two recent judgments which confirm a narrow approach will be taken when considering whether to set aside enforcement. David Lee, Zuhair Farouki, Crystal Au-Yeung and David Lewis-Hall consider these recent decisions and the key takeaways.

Intellectual Property
15 May 2024

Data Protection guidance in Guernsey for Emarketing, SMS/MMS and telemarketing

We are bombarded on a daily basis by communications endeavouring to lure us into some form of purchase, whether it be a service, product or access to content. Many of us take such communications for granted, but targeted marketing can be hugely beneficial for businesses in today’s global, digitised economy.

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14 May 2024

A New 'Star' is Born

Appleby involved in first of its kind application brought by an Enforcer of a STAR Trust in the Grand Court of the Cayman Islands.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
14 May 2024

What are the tools to aid the arbitral process to combat the undesirable effects of parallel litigation?

The fundamental aspect of arbitration as an alternative dispute mechanism is that despite parties’ consent to exclude the intervention of courts to resolve their disputes, nevertheless, arbitration remains heavily reliant on the judicial system to function. This is seen both (i) during the arbitral proceedings when interim measures are applied for by the parties generally before their national courts and, (ii) at the enforcement stage i.e. when the winning party needs the court’s assistance to enforce the arbitral award.

BDA-1024x576
11 May 2024

Technology and Innovation Guide – Bermuda

As the pace of technological change accelerates, so too does the legal and regulatory landscape. The Appleby Offshore Technology and Innovation Guide provides a unique and detailed overview of the legal and regulatory position in Bermuda.

Intellectual Property
9 May 2024

It is all about the data

All successful enterprises have a voracious appetite for data. The advanced abilities of IT systems — including artificial intelligence, big data solutions and cloud computing — are all fuelling the race to secure competitive advantages through data analytics.

Jersey
7 May 2024

The International Stock Exchange: Structures and Suitability

A summary of Appleby listing agent services in the Channel Islands, including the structures and suitability for listing securities on the Official List of The International Stock Exchange (TISE).  

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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.