Offshore Commercial Law in Bermuda

2. Revised Auflage 2018
ISBN: 978-0-85490-242-2
Verlag: Wildy, Simmonds and Hill Publishing

Buch, Englisch, 760 Seiten, Format (B × H): 237 mm x 257 mm, Gewicht: 1214 g

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.

Autoren/Hrsg.

Kawaley, Ian

Skiffington, Karen

Inhaltsverzeichnis

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

Über Autor(innen)

Kawaley, Ian
Ian Kawaley is a Commercial Court Judge in Bermuda