Offshore Commercial Law in Bermuda

Buch | Hardcover

500 Seiten

2013
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-107-4 (ISBN)

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This comprehensive practitioner’s guide, edited by a commercial judge and written by leading practitioners, provides an insight into the development and current operation of Bermuda’s offshore legal framework. The key legal rules are described and how the relevant legal principles are applied in practice are explained.

Offshore Commercial Law in Bermuda is the first comprehensive practitioner’s guide to offshore commercial practice in one of the world’s leading offshore financial centres. The book is divided into 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 considers Bermuda Commercial Law as a broad topic and also addresses ethical and policy considerations. Edited by the Chief Justice of Bermuda whose speciality is in commercial law, and written by leading practitioners in the principal commercial law fields, this book provides an insight into the 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. The depth of treatment will make the text an indispensable reference tool for the experienced practitioner, the clarity of the text ensures that the book is also accessible to those new to the topics covered. Offshore Commercial Law in Bermuda is for international lawyers whose work involves or potentially involves interaction with companies, partnerships, trusts or special purpose vehicles based in Bermuda. It will also be invaluable to offshore professionals based in Bermuda.

Ian R C Kawaley is Chief Justice of Bermuda

FOREWORD
Rt Hon Edward Zacca, OJ, President of the Court of Appeal for Bermuda

PREFACE
Ian RC Kawaley, Chief Justice of the Supreme Court of Bermuda

PART ONE: OVERVIEW
The Legal Development of Bermuda as an Offshore Financial Centre

PART TWO: ESTABLISHING OFFSHORE VEHICLES
Offshore Vehicles – The Bermuda Company
Partnership Law and Corporate Commercial Practice in Bermuda: A Professional Development Perspective
Insurance Law in Bermuda
Trust and Private Client Practice in Bermuda
Establishment and Regulation of Offshore Funds: A Comparison Between Cayman Islands, Bermuda and British Virgin Islands
Shareholders: Majority Rule and Minority Rights under Bermuda Company Law
Directors Liability in Bermuda
Arrangements, Amalgamations and Re-Domestications

PART THREE: COMMERCIAL DISPUTE RESOLUTION
Commercial Dispute Resolution: An Introduction
Specialist Commercial Courts and the Development of Offshore Commercial Law
Commercial Litigation in Bermuda
Trust Litigation in Bermuda
Receivers and the Rights of Secured Creditors under Bermuda Law
Commercial Arbitration
Winding-Up Companies Under Bermuda Insolvency Law
Restructuring Insolvent Companies in Bermuda

PART FOUR: RELATIONS WITH THE ONSHORE WORLD
Introduction
An Overview to the Regulation and Supervision of Financial Institutions in Bermuda
Bermuda Companies and the Wider Offshore World: An Atlantic and Caribbean Perspective
Conflict of Laws in Bermuda
Enforcement of Foreign Judgments in Bermuda
Common Law Judicial Cooperation in Cross-Border Insolvency Cases in the British Atlantic and Caribbean World
International Treaties Relevant to Offshore Commercial Law in Bermuda
Bermuda: Implications of an Offshore Economy
Establishing Ethical Parameters for an Offshore Legal Practice: A Case Study in Corporate Social Responsibility

PART FIVE: CONCLUSION
Conclusion

Erscheint lt. Verlag	31.1.2013
Mitarbeit	Berater: Karen Skiffington
Verlagsort	London
Sprache	englisch
Maße	152 x 229 mm
Gewicht	1230 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht
ISBN-10	0-85490-107-8 / 0854901078
ISBN-13	978-0-85490-107-4 / 9780854901074
Zustand	Neuware