Regional news: Latin America & Caribbean

Hong Kong must depart from "English" approach to common law recognition

The “restricted” view that common law recognition favours proceedings in a debtor’s place of incorporation does not serve Hong Kong well, Mr Justice Harris has said in a decision adjourning the recognition of soft-touch provisional liquidators appointed in “questionable” circumstances in Bermuda.

11 March 2021

BVI liquidators secure novel Hong Kong ruling

The BVI liquidators of a company connected to an insolvent mainland Chinese university group have secured recognition in Hong Kong, allowing them to file potentially novel proceedings in the jurisdiction – while the demise of a pioneering cinema chain has sparked fears for Hong Kong’s real economy.

11 March 2021

Global menswear retailer seeks light touch restructuring in Bermuda

Hong Kong-listed premium menswear retailer Trinity has applied to appoint light touch joint provisional liquidators in Bermuda, three months after Standard Chartered Bank filed winding up petitions against it.

10 March 2021

Twenty Essex’s joint head cleared of professional misconduct charges

Professional misconduct charges brought against Twenty Essex’s Stephen Atherton QC have been dismissed by a bar disciplinary tribunal in London.

09 March 2021

BVI court issues “groundbreaking” committal order against extraterritorial debtor

Earlier this year, the BVI Commercial Court delivered its first ever written judgment on whether jurisdiction exists to make a committal order against a personal judgment debtor who is not domiciled or resident in the BVI. Kobre & Kim's John Han, Merrick Watson and Timothy de Swardt explain how the ruling came about and how significant it is for the territory.

09 March 2021

Joint head of Twenty Essex faces disciplinary tribunal

A leading insolvency silk has been accused of recklessly misleading the Privy Council at a bar disciplinary tribunal in London.

08 March 2021

Cayman oil company wound-up after Canadian action withdrawn

An Australian litigation funder has obtained a Cayman winding-up order against a client that had its arbitral award sequestered in Albania, after withdrawing enforcement proceedings in Canada.

08 March 2021

Hong Kong liquidators denied share delisting review

The liquidators of a Cayman sanitary ware company have failed to secure a judicial review of its share delisting in Hong Kong, which came despite it pursuing a scheme of arrangement.

02 March 2021

Abraaj fund manager denied liquidators’ documents in Cayman Islands

An investment manager that operated within UAE private equity group Abraaj has failed to obtain documents from the Cayman liquidators of an Abraaj subsidiary, after a court blocked it from bringing litigation due to third-party confidentiality concerns.

01 March 2021

Administration moratorium has extraterritorial effect, Australian court rules

A BVI court has blocked the enforcement of a deed held by a local arm of Harneys, after an Australian judge found it was subject to an Australian administration moratorium that has effect in foreign jurisdictions.

26 February 2021

Get unlimited access to all Global Restructuring Review content