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Vol 21 No 3 March/April 2016

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Offshore Commercial Law in Bermuda

Edited by: Ian R. C. Kawaley, Karen Skiffington

ISBN13: 9780854901074
Published: January 2013
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £165.00



In stock.

Offshore Commercial Law in Bermuda is the first comprehensive practitioner’s guide to offshore commercial practice in one of the world’s leading offshore financial centres.

The book is divided into three main sections, Establishing Offshore Vehicles, Commercial Dispute Resolution and Relations with the Onshore World. Subjects covered include company law, insurance partnership law, trust law, litigation and insolvency law, regulatory law and cross-border cooperation. The book considers Bermuda Commercial Law as a broad topic and also addresses ethical and policy considerations.

Edited by the Chief Justice of Bermuda whose speciality is in commercial law, and written by leading practitioners in the principal commercial law fields, this book provides an insight into the development and current operation of Bermuda’s offshore legal framework. Each contributor describes the key legal rules and explains how the relevant legal principles are applied in practice. Reference is made to relevant statutory provisions and case law, while contributors also furnish practical observations which add flesh to the bare bones of the formal legal structures in question.

The depth of treatment will make the text an indispensable reference tool for the experienced practitioner, the clarity of the text ensures that the book is also accessible to those new to the topics covered. Offshore Commercial Law in Bermuda is for international lawyers whose work involves or potentially involves interaction with companies, partnerships, trusts or special purpose vehicles based in Bermuda. It will also be invaluable to offshore professionals based in Bermuda.

Offshore Commercial Law in Bermuda will be of interest to commercial lawyers in private practice and in-house, especially Corporate, Private Client, Insurance and Litigation lawyers, in London, USA, Hong-Kong, Singapore, Cayman and BVI.

Subjects:
Commercial Law, Other Jurisdictions , Wildy, Simmonds and Hill, Caribbean
Contents:

FOREWORD
Rt Hon Edward Zacca, OJ, President of the Court of Appeal for Bermuda

PREFACE
Ian RC Kawaley, Chief Justice of the Supreme Court of Bermuda

PART ONE: OVERVIEW
The Legal Development of Bermuda as an Offshore Financial Centre Ian RC Kawaley

PART TWO: ESTABLISHING OFFSHORE VEHICLES
Offshore Vehicles – The Bermuda Company John R Collis, Conyers Dill & Pearman
Partnership Law and Corporate Commercial Practice in Bermuda: A Professional Development Perspective Kenneth ET Robinson, Appleby
Insurance Law in Bermuda Warren Cabral. Appleby
Trust and Private Client Practice in Bermuda Alec R Anderson, Conyers Dill & Pearman
Establishment and Regulation of Offshore Funds: A Comparison Between Cayman Islands, Bermuda and British Virgin Islands Alex Erskine, Appleby
Shareholders: Majority Rule and Minority Rights under Bermuda Company Law Peter Martin, MJM Limited
Directors Liability in Bermuda John Riihiluoma, Appleby
Arrangements, Amalgamations and Re-Domestications Kiernan Bell, Appleby

PART THREE: COMMERCIAL DISPUTE RESOLUTION
Commercial Dispute Resolution: An Introduction Geoffrey Bell, Retired, Appleby
Specialist Commercial Courts and the Development of Offshore Commercial Law Ian RC Kawaley
Commercial Litigation in Bermuda Narinder Hargun and Alex Potts, Conyers Dill & Pearman
Trust Litigation in Bermuda David Kessaram, Cox Hallett Wilkinson Limited; Receivers and the Rights of Secured Creditors under Bermuda Law Andrew Martin, MJM Limited
Commercial Arbitration Jeffrey Elkinson, Conyers Dill & Pearman
Winding-Up Companies Under Bermuda Insolvency Law Jennifer Fraser, Appleby
Restructuring Insolvent Companies in Bermuda Robin J Mayor, Conyers Dill & Pearman

PART FOUR: RELATIONS WITH THE ONSHORE WORLD
Introduction Saul M Froomkin, OBE, QC, ISIS Law
An Overview to the Regulation and Supervision of Financial Institutions in Bermuda William Kattan, Bermuda Monetary Authority
Bermuda Companies and the Wider Offshore World: An Atlantic and Caribbean Perspective Peter Bubenzer, Appleby
Conflict of Laws in Bermuda Jan Woloniecki, Attride-Stirling & Woloniecki
Enforcement of Foreign Judgments in Bermuda Delroy Duncan, Trott & Duncan
Common Law Judicial Cooperation in Cross-Border Insolvency Cases in the British Atlantic and Caribbean World Ian RC Kawaley
International Treaties Relevant to Offshore Commercial Law in Bermuda Ian RC Kawaley
Bermuda: Implications of an Offshore Economy Craig Simmons, Bermuda College
Establishing Ethical Parameters for an Offshore Legal Practice: A Case Study in Corporate Social Responsibility Sharon A Beesley, ISIS Law

PART FIVE: CONCLUSION
Conclusion Ian RC Kawaley, Chief Justice of the Supreme Court of Bermuda