The Insolvency Review – Edition 10
The Insolvency Review offers an in-depth review of the most consequential features of the insolvency laws and procedures in key jurisdictions worldwide. It also examines the practical implications of recent market trends and insolvency case developments.



An update to Isle of Man Trust Law
In the week that the Trust and Trustees Bill 2022 goes for its second reading (25 October 2022), it might be helpful to recap what was considered to be the major talking points in the Bill.

Directors’ duties on the eve of insolvency
It is common knowledge that directors of companies owe a duty to the company to act in its best interests. Less well understood is the principle that, when a company reaches a certain level of financial distress, the directors’ duties shift to include a duty to consider the interests of creditors of the company.

Employee probation periods: an update
The Employment Act 2000 is the island’s key piece of employment legislation, applicable to employees who work mainly in Bermuda under an employment contract.
Centre Stage: Bermuda’s Role In An Insurtech Revolution
Bermuda is rapidly becoming a focus for insurtechs seeking the island’s expertise, the accessibility of capital and its regulatory regime. This roundtable discussion hosted by Appleby explored the growth and health of the insurtech sector on Bermuda.

Bermuda’s Life Marketplace Supports Growing Demands Stemming From Aging Populations
Bermuda’s robust long-term re/insurance sector is well-positioned to support demands for life and annuity products, which form a fundamental part of policyholders’ retirement and financial planning. This discussion hosted by BILTIR at the offices of Hannover Re (Bermuda) examines the current landscape of Bermuda’s life marketplace.

Probation Periods – Recent Tribunal Decision
We have published a number of articles in the last few years concerning probation periods in employment contracts, including one in June 2021 discussing changes to the Employment Act 2000 that impacted employer obligations concerning probation periods.
Q3 2022 Catastrophe Bond & ILS Market Report
Unlike previous hard market cycles, some insurance linked securities (ILS) managers eager to deploy more capacity are struggling to raise capital, and with startups reportedly more challenging to launch, Brad Adderley questions if we’re finally approaching a true hard market.

Bouncing Back: ILS Demonstrates Resilience
Bermuda remains the world-leader in ILS and as the sector becomes ever-more entwined with other forms of risk transfer, the Island continues to innovate. That was just one takeaway from a roundtable discussion of experts hosted by EY Bermuda.

The fork in the privatization road
With the likelihood of recession and an increase in interest rates facing some economies and ongoing geo-political tensions, it’s a fascinating time for share markets and companies, especially for those companies considering going private.

Resealing Hong Kong Grants of Probate in the BVI
Once resealed, grants obtained in Hong Kong shall have the same force and effect, and have the same operation in the BVI, as if it were granted by the BVI Court.
