Full Description
Formerly published as 'Cross-Border Judicial Cooperation in Offshore Litigation (The British Offshore World)', this third edition has a new title and provides a new perspective. This edition casts off the 'offshore' mantle, contending that the subject jurisdictions are more aptly described as 'cross-border' financial centres rather than "offshore" centres.
The jurisdictions covered in this edition are Bermuda, the Cayman Islands, Guernsey, Jersey, and the Isle of Man. They are each territories with varying degrees of internal self-governance for which the United Kingdom Government retains responsibility for external affairs. Each jurisdiction hosts a high concentration of foreign investment vehicles which gives rise to a high volume of cases where the efficacy of mechanisms for judicial cooperation between local and foreign courts is important for protecting the value of private investments and preventing or remediating financial misconduct.
The book is written solely by judges with experience of adjudicating cross-border commercial cases in each of the five subject jurisdictions, providing a judicial insight into how the courts approach the three main aspects of judicial cooperation covered:
. obtaining evidence and information for foreign proceedings
. enforcing foreign judgments and arbitral awards
. cross-border insolvency.
These issues are addressed in a thematic, practice-focussed manner, with relatively brief summaries of the substantive law complemented by commentary on the extent to which local law reflects international instruments and the adequacy of existing statutory or common/customary law rules.
Contents
Preface
Contributors' bios
Table of Cases
Table of Statutes and Secondary Legislation
Table of International Materials
Constitutional and Legal System Overview
PART 1 - OVERVIEW
1 Why Judicial Cooperation in Civil and Commercial Litigation in the British Cross-border Financial Centre World Matters: An Overview
1.1 'Judicial cooperation' defined
1.2 Issues arising for consideration
1.3 The relevance of the cross-border financial commercial context
1.4 Objectives of the present study
PART II - OBTAINING EVIDENCE AND INFORMATION FOR USE IN FOREIGN PROCEEDINGS
2 Cayman Islands
2.1 Introduction
2.2 The extent to which international conventions or model laws have been implemented formally and/or in practice
2.3 The applicable statutory frameworks and their adequacy
The Evidence Order
Statutory support for Norwich Pharmacal and other interim relief
2.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
Norwich Pharmacal jurisdiction
Bankers Trust jurisdiction
Disclosure orders
2.5 Future trends, problems and/or solutions
Obtaining evidence for use in foreign proceedings
Obtaining information for use in foreign proceedings
2.6 Conclusion
3 Isle of Man
3.1 Introduction
3.2 The extent to which international conventions or model laws have been implemented formally and/or in practice
3.3 The applicable statutory frameworks and their adequacy
3.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
Norwich Pharmacal and Bankers Trust orders
3.5 Asset freezing and ancillary disclosure orders - leave to use information in other jurisdictions
Bankers Books Evidence Act 1935
3.6 Confidentiality
3.7 Summary
3.8 Future trends, problems and/or solutions
4 Bermuda
4.1 Introduction
4.2 Letters of request
The extent to which international conventions or model laws have been implemented formally and/or in practice
The applicable statutory frameworks and their adequacy
The extent to which common law judicial cooperation takes place and the adequacy of common law tools
4.3 Information orders
Disclosure orders ancillary to freezing orders
Norwich Pharmacal orders
Bankers Trust orders
Anton Piller orders
4.4 Future trends, problems and/or solutions
Obtaining evidence
Information orders
5 Guernsey
5.1 Introduction
5.2 The extent to which international conventions or model laws have been implemented formally and applicable statutory frameworks and their adequacy
5.3 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
Disclosure orders ancillary to freezing orders
Norwich Pharmacal orders
Anton Piller orders
Bankers Trust orders
Adequacy of common law tools
5.4 Future trends, problems and/or solutions
6 Jersey
6.1 The extent to which international conventions or model laws have been implemented formally
6.2 The applicable statutory frameworks and their adequacy
The Service of Process and Taking of Evidence (Jersey) Law 1960
Making the request
Nature of the evidence
Documentary evidence
Examination of witnesses
Non-statutory procedural guidelines regarding the examination of witnesses
Adequacy of the statutory frameworks
6.3 The extent to which customary law of judicial cooperation takes place and the adequacy of customary law tools
Information/freezing orders
Disclosure orders
The importance of comity
Norwich Pharmacal orders
Bankers Trust orders
The Bankers' Books Evidence (Jersey) Law 1986
Limits to disclosure orders
Voluntary gathering of evidence
Confidentiality
Adequacy of the customary law tools
6.4 Future trends, problems and solutions
PART III - ENFORCING FOREIGN JUDGMENTS
7 Cayman Islands
7.1 Introduction
7.2 The extent to which international conventions or model laws have been implemented formally and/or in practice
Foreign judgments
Foreign arbitration awards
7.3 The applicable statutory frameworks and their adequacy
Foreign judgments
Foreign arbitration awards
7.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
Foreign judgments
Foreign arbitration awards
7.5 Future trends, problems and/or solutions
Foreign judgments
Foreign arbitration awards
7.6 Conclusion
8 Isle of Man
8.1 Introduction
8.2 The extent to which international conventions or model laws have been implemented formally and/or in practice
8.3 The applicable statutory frameworks and their adequacy
Enforcement of foreign judgments pursuant to statute
8.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
Enforcement of foreign judgments at common law
Ways of enforcing the foreign judgment
Summary in respect of foreign judgments
8.5 The extent to which international conventions or model laws have been implemented formally and/or in practice
The relevant framework for the enforcement of foreign awards
Enforcement of foreign awards pursuant to statute
8.6 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
Enforcement of foreign awards at common law
Stay of legal proceedings
Summary in respect of enforcement of foreign awards
8.7 Future trends, problems and/or solutions
9 Bermuda
9.1 Introduction
9.2 The extent to which international conventions or model laws have been implemented formally and/or in practice
Foreign judgments
Foreign arbitration awards
9.3 The applicable statutory frameworks and their adequacy
Foreign judgments
Foreign arbitration awards
9.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
Foreign judgments
Foreign arbitration awards
9.5 Future trends, problems and/or solutions
10 Guernsey
10.1 Introduction
10.2 The Reciprocal Enforcement Law regime
10.3 Enforcement by debt action
10.4 Recognition and enforcement of foreign arbitration awards
10.5 Future trends, problems and/or solutions
11 Jersey
11.1 Introduction
11.2 The extent to which international conventions or model laws have been implemented formally
Statutory enforcement
11.3 The applicable statutory frameworks and their adequacy
The 1960 Law - registration of a foreign judgement
Making the application for registration
Setting aside registration of the judgment
Jurisdiction of the foreign court
11.4 The extent to which customary law of judicial cooperation takes place and the adequacy of customary law tools
Customary law rules
The relevant framework for the enforcement of foreign arbitration awards
11.5 Future trends, problems and solutions
PART IV - JUDICIAL COOPERATION IN CROSS-BORDER INSOLVENCY
12 Cayman Islands
12.1 Introduction
12.2 The extent to which international conventions or model laws have been implemented formally and/or in practice
12.3 The applicable statutory frameworks and their adequacy
12.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
12.5 Future trends, problems and/or solutions
12.6 Conclusion
13 Isle of Man
13.1 Introduction
13.2 The extent to which international conventions or model laws have been implemented formally and/or in practice
13.3 The applicable statutory frameworks and their adequacy
Interim relief in the absence of substantive proceedings
Personal bankruptcy and cross-border co-operation
Corporate insolvency and cross-border co-operation
13.4 The extent to which common law judicial co-operation takes place and the adequacy of common law tools
Cambridge Gas and Singularis
Is Singularis good Manx law?
Some earlier Manx cases
An unfortunate aura of uncertainty
13.5 Summary
13.6 Future trends, problems and/or solutions
14 Bermuda
14.1 Introduction
14.2 Statutory framework for judicial cooperation and its adequacy
14.3 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
14.4 Cross border assistance in parallel proceedings between Bermuda and the United States
14.5 Cross-border assistance in parallel proceedings between Bermuda and Hong Kong
Abuse of the cross-border assistance regime?
14.6 Cross-border assistance in parallel proceedings between multiple jurisdictions
14.7 Adequacy of common law assistance framework
14.8 Possible future developments
15 Guernsey
15.1 Introduction
15.2 The extent to which international conventions or model laws have been implemented formally
15.3 The applicable statutory frameworks and their adequacy
15.4 The extent to which common law judicial cooperation takes place and the adequacy of common law tools
15.5 Future trends, problems and/or solutions
16 Jersey
16.1 Introduction
16.2 The extent to which international conventions or model laws have been implemented formally
16.3 The applicable statutory frameworks and their adequacy
16.4 The extent to which customary law and judicial cooperation takes place and the adequacy of customary law tools
16.5 Future trends, problems and/or solutions
PART V - CONCLUSION
17 Conclusion
Index
