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Unravelling Complexity

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Ciban v Citco (2020) – reformulating the Duomatic principle
Litigation and Insolvency

Ciban v Citco (2020) – reformulating the Duomatic principle

On 30 July 2020 the Privy Council handed down their decision in Ciban Management Corporation v Citco (BVI) Ltd [2020] UKPC 21, upholding the decision of the British Virgin Islands Commercial Court and the Eastern Caribbean Court of Appeal, and developing our understanding of certain key aspects of company law, especially the Duomatic principle and section 175 of the BVI Business Companies Act 2004.
China’s recognition of foreign insolvency proceedings and VIE structures
Litigation and Insolvency

China’s recognition of foreign insolvency proceedings and VIE structures

In the last decade, VIE (variable interest entities) structures have become increasingly popular in the People’s Republic of China as a mechanism to allow foreign investments into China. This topical article is a collaboration between Fangda Partners and Harneys and was published on Capital Markets Intelligence.
Offshore information: more than expected
Litigation and Insolvency

Offshore information: more than expected

Contrary to the commonly-held misconception of offshore jurisdictions as secretive black holes of information, in reality, the major offshore jurisdictions of Bermuda, BVI and the Cayman Islands maintain a host of information on companies, trusts and other structures, which is available to sufficiently interested third parties. This article, first published in Latinvex, considers what information can be obtained in these jurisdictions by the general public, private litigants and foreign bankruptcy appointees. As will be seen, asset-tracers will be well-advised to take advantage of the wealth of information on offer in these jurisdictions at an early stage of any investigation.
British Virgin Islands a liquidator’s year
Litigation and Insolvency

British Virgin Islands a liquidator’s year

In this article, originally published in the March 2020 South Square Digest, Partners Andrew Thorp and Peter Ferrer review important insolvency law related developments in the British Virgin Islands over the last twelve months.
The Dispute Resolution Review: British Virgin Islands
Litigation and Insolvency

The Dispute Resolution Review: British Virgin Islands

Christopher Pease, a member of our Litigation, Restructuring and Insolvency practice, contributed the British Virgin Islands chapter in the Twelfth Edition of The Dispute Resolution Review.