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The Privy Council makes landmark decision on the arbitrability of winding up petitions

In the recent decision of FamilyMart China Holding Co v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33 (FamilyMart),[1] the Judicial Committee of the Privy Council (the Board) found that, although an arbitral tribunal does not have the power to determine whether it is just and equitable to wind up a company nor to make a winding u

Cayman Islands, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ogier, UK Supreme Court, Cayman Islands Court of Appeal
Assistance to creditors of insolvent fraudsters – modern illegality defence to the rescue

Introduction
Background
Facts
First-instance court
CICA
Comment


Introduction

Cayman Islands, Insolvency & Restructuring, Ogier
Assistance to the creditors of insolvent fraudsters? The modern illegality defence to the rescue

The illegality defence (which aims to prevent a party benefiting from its illegal conduct via legal claims) has been the subject of considerable judicial analysis in commonwealth jurisdictions in recent years.

Cayman Islands, Global, Insolvency & Restructuring, Litigation, Ogier, House of Lords, UK Supreme Court
The Cayman Islands Court of Appeal Relieves the Tension between Arbitration Clauses and the Just and Equitable Winding Up Jurisdiction

In a comprehensive judgment published on 23 April 2020, the Cayman Islands Court of Appeal, comprising Moses JA, Martin JA and Rix JA, has provided welcome clarification of the interplay between a contractual agreement to arbitrate disputes arising between shareholders and the exclusive jurisdiction of the Court to determine whether a company should be wound up on the just and equitable ground.

Cayman Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ogier, Arbitration clause