Overview

The publication of the so-called 'Paradise Papers' in early November 2017 placed Bermuda in the international spotlight as an offshore financial centre. The new edition of Offshore Commercial Law in Bermuda, written before these sensationalised disclosures, provides an insider's professional view of how Bermuda's legal and regulatory framework actually works in practice. The first edition of Offshore Commercial Law in Bermuda was the first comprehensive practitioner's guide to offshore commercial practice in one of the world's leading offshore financial centres. The second edition retains the original structure of 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 also contends for the novel concept of 'offshore commercial law' as a special sub-set of commercial law. Edited by a commercial judge and Law Librarian and written by leading practitioners in the principal commercial law fields, this book provides an insight into the historical 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.

Full Product Details

Author:   Ian Kawaley ,  Karen Skiffington
Publisher:   Wildy, Simmonds and Hill Publishing
Imprint:   Wildy, Simmonds and Hill Publishing
Edition:   2nd Revised edition
Weight:   1.220kg
ISBN:  

9780854902422

ISBN 10:   0854902422
Pages:   760
Publication Date:   15 June 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

PART I OVERVIEW 1. Legal Development of Bermuda as an Offshore Financial Centre PART II ESTABLISHING OFFSHORE VEHICLES 2 Offshore Vehicles: The Bermuda Company 3 Bermuda Limited Liability Companies 4 Partnership Law and Corporate Commercial Practice in Bermuda: A Professional Development Perspective 5 Insurance Law 6 Trust and Private Client Practice in Bermuda 7 A Comparison between Cayman Islands, Bermuda and British Virgin Islands 8 Shareholders: Majority Rule and Minority Rights under Bermuda Company Law 9 Director's Liability in Bermuda: An Overview 10 Arrangements, Amalgamations, Mergers and Re-domestications PART III COMMERCIAL DISPUTE RESOLUTION 11 Commercial Dispute Resolution: An Introduction 12 Specialist Commercial Courts and the Development of Offshore Commercial Law 13 Commercial Litigation in Bermuda 14 Trust Litigation in Bermuda 15 Receivers and the Rights of Secured Creditors under Bermuda Law 16 Commercial Arbitration in Bermuda 17 Winding up Companies under Bermuda Insolvency Law 18 Restructuring Insolvent Companies in Bermuda PART IV RELATIONS WITH THE ONSHORE WORLD 19 Relations with the Onshore World: An Introduction 20 Regulation and Supervision of Financial Institutions in Bermuda: An Overview 21 Bermuda Companies and the Wider Offshore World: An Atlantic and Caribbean Perspective 22 Conflict of Laws in Bermuda 23 Enforcement of Judgments in Bermuda 24 Common Law Judicial Cooperation in Cross-border Insolvency Cases in the British Atlantic and Caribbean World 25 International Treaties Relevant to Offshore Commercial Law in Bermuda: An Overview 26 Bermuda: Implications of an Offshore Economy 27 Establishing Ethical Parameters for an Offshore Legal Practice: A Case Study in Corporate Social Responsibility PART V CONCLUSION 28 Conclusion

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Ian Kawaley is a Commercial Court Judge in Bermuda

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