Offshore Commercial Law in Bermuda

Ian Kawaley, Karen Skiffington (Herausgeber)

Buch | Hardcover

760 Seiten

2018 | 2nd Revised edition
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-242-2 (ISBN)

Artikel merken

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.

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.

Ian Kawaley is a Commercial Court Judge in Bermuda

PART I
OVERVIEW
1.Legal Development of Bermuda as an Offshore Financial Centre

PART II
ESTABLISHING OFFSHORE VEHICLES
2Offshore Vehicles: The Bermuda Company
3Bermuda Limited Liability Companies
4Partnership Law and Corporate Commercial Practice in Bermuda: A Professional Development Perspective
5Insurance Law
6Trust and Private Client Practice in Bermuda
7A Comparison between Cayman Islands, Bermuda and British Virgin Islands
8Shareholders: Majority Rule and Minority Rights under Bermuda Company Law
9Director’s Liability in Bermuda: An Overview
10Arrangements, Amalgamations, Mergers and Re-domestications

PART III
COMMERCIAL DISPUTE RESOLUTION
11Commercial Dispute Resolution: An Introduction
12Specialist Commercial Courts and the Development of Offshore Commercial Law
13Commercial Litigation in Bermuda
14Trust Litigation in Bermuda
15Receivers and the Rights of Secured Creditors under Bermuda Law
16Commercial Arbitration in Bermuda
17Winding up Companies under Bermuda Insolvency Law
18Restructuring Insolvent Companies in Bermuda

PART IV
RELATIONS WITH THE ONSHORE WORLD
19Relations with the Onshore World: An Introduction
20Regulation and Supervision of Financial Institutions in Bermuda: An Overview
21Bermuda Companies and the Wider Offshore World: An Atlantic and Caribbean Perspective
22Conflict of Laws in Bermuda
23Enforcement of Judgments in Bermuda
24Common Law Judicial Cooperation in Cross-border Insolvency Cases in the British Atlantic and Caribbean World
25International Treaties Relevant to Offshore Commercial Law in Bermuda: An Overview
26Bermuda: Implications of an Offshore Economy
27Establishing Ethical Parameters for an Offshore Legal Practice: A Case Study in Corporate Social Responsibility

PART V
CONCLUSION
28Conclusion

Erscheinungsdatum	07.01.2018
Verlagsort	London
Sprache	englisch
Maße	152 x 229 mm
Gewicht	1220 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht
ISBN-10	0-85490-242-2 / 0854902422
ISBN-13	978-0-85490-242-2 / 9780854902422
Zustand	Neuware