Caribbean Brief

Collas Crill Caribbean Brief – key offshore updates in one place

Welcome to the Collas Crill Caribbean Brief – a concise round-up of significant recent decisions and legal developments affecting offshore and cross-border litigation.

This edition covers:

Grand Court (Cayman Islands)

Donghai Investment Holding Ltd v Crystal Fount Investments Ltd [2025] CIGC (FSD) 97

Service out of jurisdiction, forum non conveniens, presumption parties have already considered forum issues if relevant contract contains jurisdiction clause

IGCF General Partner Ltd and The Infrastructure and Growth Capital Fund L.P. v White Crystals Ltd [2025] CIGC (FSD) 98

Appropriate dispute resolution mechanism if both governing law/jurisdiction clause and arbitration agreement, exempted limited partnership, whether claim by limited partner against general partner for breach of duty is derivative claim, whether limited partner can maintain claim against general partner in liquidation, whether approach to staying court proceedings in favour of arbitration differs if partnership is in voluntary liquidation

Hungerstation Holding Ltd and Hungerstation LLC v Ninja Holding [2025] CIGC (FSD) 99

Application to stay proceedings on the ground of forum non conveniens

Re China Gem Fund IX LP (in official liquidation) [2025] CIGC (FSD) 100

Cross-border insolvency, letter of request, whether to use standard form for letter of request in use in Hong Kong or to limit recognition sought

Eastern Caribbean Supreme Court, Territory of the Virgin Islands, Court of Appeal

Sancus Financial Holding Limited, Carson Wen and Julia Yuet Shan Fung v Chad Christopher Holm BVIHCMMAP2023/0025

Interim payment order under CPR Rule 17; ‘reasonable proportion’ in interim payments; inability to pay interim payments

Caldicott Worldwide Ltd v Siong Beng Seng, Ching Hui Huat and Springfield Investments & Nominees Pte Ltd BVIHCMAP2023/0009

Application for conditional leave; interplay between arbitration clauses and statutory unfair prejudice remedies 

Eastern Caribbean Supreme Court, Territory of the Virgin Islands, High Court

Access Bank Plc (as successor in title and assignee of Diamond Bank plc) v Dr Ambrosie Bryant Chukwueloka Orjiako and ors BVIHCCOM2023/0282

Summary judgment; beneficial interest in shares; sham transaction; setting aside a conveyance of property

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