In-Depth: Insolvency (formerly The Insolvency Review) offers an incisive 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.
Side Letters: Preferential Terms, Practical Challenges
Side letters are a common feature of Cayman Islands investment funds. This article outlines the legal framework governing side letters, the key considerations for fund operators when negotiating and granting preferential terms, and the implications of side letters for subscription financing arrangements.
The BVI Court of Appeal has provided important clarification on derivative claims, directors’ indemnities and shadow directors under BVI law. In their latest article, Andrew Willins KC and Tamara Cameron, Counsel, examine the judgment in Zvi Dekel v Clerkenwell Lifestyle Limited and its practical implications.
What AI means for litigation in Bermuda
The use of artificial intelligence in Bermuda litigation is a growing area of interest that must be navigated carefully by lawyers and their clients.
We are pleased to report on our recent win in the Cayman Grand Court: a stay of Cayman proceedings concerning a US$87m+ redemption claim in favour of HKIAC arbitration. Doyle J found that the claim for "specific performance" was "entirely artificial and a mere device" intended to escape the arbitration clause. The Appleby team comprised John McCarroll SC, Damon Booth and Ray Leung (Hong Kong), and Andrew Jackson and Zuhair Farouki (Cayman). Andrew Ayres KC appeared as leading counsel.
The Cayman Islands LLC at ten: what fund finance has learned
Ten years on, the Cayman Islands LLC is an established part of fund finance practice. A useful question is how an LLC’s contractual flexibility affects lender diligence, security and enforcement, and when an exempted company remains the more efficient financing vehicle.
Supervision Rules for Internationally Active Insurance Groups being proposed by BMA
The Bermuda Monetary Authority (BMA) intends to implement new rules under a new Insurance (Internationally Active Group Supervision) Rules 2026 (Proposed Rules) to align Bermuda’s regulatory framework with international standards for Internationally Active Insurance Groups (IAIGs) set by the IAIS (of which Bermuda is a member).
2026 Guide to International Arbitration in the Cayman Islands
This guide provides the latest legal information on global arbitration practices and trends, including governing legislation, arbitral tribunals, challenges to jurisdiction, preliminary and interim relief, the collection and submission of evidence, confidentiality, available remedies, enforcement and review of awards, class actions, and third-party funding in the Cayman Islands.
The Global sees us share updates and insights from across our network of international offices on the latest legislative news, trends or developments impacting the corporate sector.
The Electronic Transactions (Amendment) Act 2026 (Amendment Act) marks an important development in Mauritius’ digital legal framework. Its significance goes beyond the further recognition of electronic signatures. The amendments address a broader question: how should legal rules designed for paper-based commerce operate in an environment where transactions, records and increasingly contractual decisions are created, transmitted and stored electronically?
Police certificates become part of BMA vetting
Businesses seeking regulatory approval for directors, owners and senior personnel now need to account for an additional documentary requirement.
BVI Court of Appeal Clarifies Derivative Actions, Director Indemnities and Shadow Director Status
In Zvi Dekel v Clerkenwell Lifestyle Limited, the BVI Court of Appeal affirmed the refusal of leave to pursue derivative proceedings, confirming that the proposed claims lacked a realistic prospect of success and clarifying that shadow directors do not fall within the definition of "director" under the BVI Business Companies Act.