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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
Reflections from the FIRE Starters Global Summit in Dublin

This article was originally published by ThoughtLeaders4 FIRE.

Introduction

There was a distinct air of positivity and delight to be out and about networking again at the FIRE Starters Global Summit in Dublin. Once again the event was well attended by a wonderful and dynamic group of international professionals from across the advisory spectrum in asset recovery, fraud and insolvency and many new networks were forged over the fun three-day event.

Cayman Islands, European Union, Guernsey, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Ogier, Brexit, Crowdfunding, Non-fungible tokens, US Department of Justice
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