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    Hong Kong Court Grants Recognition and Assistance to Official Liquidators Appointed in the British Virgin Islands
    2025-01-07

    On 23 October 2024, Deputy High Court Judge Le Pichon of the Court of First Instance in the High Court of the Hong Kong SAR granted recognition and assistance to Chan Ho Yin (also known as Michael Chan) (“Mr Chan“) of Kroll (HK) Ltd and Elaine Hanrahan (“Ms Hanrahan“), the joint official liquidators of Bull’s-Eye Limited (“Bull’s-Eye”) following a letter of request issued by the British Virgin Islands (“BVI”) Eastern Caribbean Supreme Court.

    Filed under:
    British Virgin Islands, Cayman Islands, Hong Kong, Insolvency & Restructuring, Litigation, Conyers, Securities and Futures Commission (Hong Kong)
    Authors:
    Norman Hau , Natalie Fung , Ernest Bickley
    Location:
    British Virgin Islands, Cayman Islands, Hong Kong
    Firm:
    Conyers
    The Use of Mediation in Restructuring and Insolvency: A Cayman Islands Perspective
    2024-12-20

    With the rising popularity of alternative dispute resolution globally (including in insolvency related cases), it is important to take stock of where the Cayman Islands currently stands (as a leading jurisdiction in cross-border insolvency and restructuring) on the use of mediation in this context.

    Filed under:
    Cayman Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Conyers, Mediation, Insolvency
    Authors:
    Alecia Johns
    Location:
    Cayman Islands
    Firm:
    Conyers
    Winding-Up Petition Struck Out, Joint Provisional Liquidators Discharged in Bermuda
    2024-09-27

    On 15 May 2024, the Bermuda Court granted an order striking out a winding-up petition (the “Petition”), setting aside an earlier order appointing joint provisional liquidators (“JPLs”), and discharging the JPLs appointed over New Sparkle Roll International Group Limited (the “Company”), a Bermuda company listed on the Hong Kong Stock Exchange. The Company’s new board of directors (the “New Board”) was represented by Conyers.

    Background

    Filed under:
    Bermuda, China, Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Conyers, Liquidation
    Authors:
    Anna Lin , Rhys Williams , Catherine Wong
    Location:
    Bermuda, China, Hong Kong
    Firm:
    Conyers
    Conyers Coverage Issue 11 - Summer 2024
    2024-08-21

    A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from our Insurance, Regulatory and Litigation teams, we ponder the possibilities and implications for the Cayman Islands in potentially securing Qualified Jurisdiction status with the NAIC and lots more beyond. We think there’s something for everyone in our latest edition so please dig in.

    To NAIC or Not to NAIC?

    Filed under:
    Cayman Islands, Company & Commercial, Insolvency & Restructuring, Insurance, IT & Data Protection, Conyers
    Authors:
    Derek Stenson , Róisín Liddy-Murphy , Spencer Vickers , Alex Davies , Philippa Gilkes , Sarah Farquhar , Jordan McErlean , Tonicia Williams , Frank Farrell , Wayne Flanagan , Daniella Carrazana
    Location:
    Cayman Islands
    Firm:
    Conyers
    Restructuring in the Cayman Islands: The New Regime
    2024-08-16

    On August 31, 2022, significant amendments to Part V of the Cayman Islands Companies Act (“Act”) took effect to revamp the Cayman Islands restructuring regime. These amendments introduced the new role of a court-appointed “Restructuring Officer” and a dedicated “Restructuring Petition.” The Cayman Islands restructuring officer regime (“RO Regime”) shares certain features with the Chapter 11 bankruptcy procedure in the US and Canada’s Companies’ Creditors Arrangement Act.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Conyers
    Authors:
    Alex Davies , Spencer Vickers , Jordan McErlean
    Location:
    Cayman Islands
    Firm:
    Conyers
    Modified Universalism in the Context of Officeholder Sanction Applications
    2024-03-21

    Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023)

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Conyers, Liquidation
    Authors:
    Mark J. Forte , Matthew Brown
    Location:
    British Virgin Islands
    Firm:
    Conyers
    Cayman Islands Litigation: Reflecting on the Year 2023
    2024-01-03

    As the Grand Court of the Cayman Islands reopens for 2024, we reflect on 2023 and some of the large-scale cross-border insolvency and restructuring proceedings, and complex commercial disputes dealt with in the jurisdiction over the past year.

    Statistics from the Grand Court

    There were approximately 1,579 filings made in the Grand Court, which can be broken down as follows:

    Filed under:
    Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Conyers, Cayman Islands Court of Appeal
    Authors:
    Rowana-Kay Campbell , Tonicia Williams
    Location:
    Cayman Islands, United Kingdom
    Firm:
    Conyers
    Commercial Real Estate Debt Burden Concerns: The BVI Perspective
    2023-11-22

    With commercial property companies’ debt burdens reaching pre-2008 levels and warnings being issued this month by the European Central Bank, in this article we outline some of the key issues to be considered and steps which may be taken by BVI real estate holding companies to protect their position in the face of rising financing costs and other inflationary pressures.

    Filed under:
    British Virgin Islands, European Union, Insolvency & Restructuring, Conyers, European Central Bank
    Authors:
    Rachael Pape
    Location:
    British Virgin Islands, European Union
    Firm:
    Conyers
    Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration
    2024-06-24

    The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision provides much needed clarity on the exercise of the Court’s discretion to wind up a company where the debt is not disputed on genuine and substantial grounds and is subject to an arbitration clause.

    Filed under:
    British Virgin Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Conyers, Liquidation
    Authors:
    Matthew Brown , Dr. Jane (Jevgenija) Fedotova , Allana-J Joseph
    Location:
    British Virgin Islands
    Firm:
    Conyers
    Cayman Islands Restructuring: Obtaining Consent in a Crisis
    2024-05-13

    Although there are occasions when formal insolvency proceedings are unavoidable, there are many cases where a consensual, out-of-court approach is more appropriate and desirable.

    We are often engaged to assist creditors, directors and other stakeholders with negotiating standstill agreements or restructuring support agreements to give breathing space to put new terms in place and allow the relevant corporate entity (or group) to continue as a going concern.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Conyers
    Authors:
    Alex Davies , Erik Bodden , Jonathon Milne
    Location:
    Cayman Islands
    Firm:
    Conyers

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