Update
Court of Appeal finds that the court's exclusive jurisdiction can trump an arbitrator's ability to determine a just and equitable winding up
01 June 2020
In an important decision, Re China CVS (Cayman Islands) Holding Corporation, the Cayman Islands Court of Appeal has provided welcome clarification on the tension between the exclusive jurisdiction of the court to determine whether it is just and equitable to wind up a company and a private agreement between a company's members to submit disputes inter se to arbitration.
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Mourant is a law firm-led, professional services business with over 60 years' experience in the financial services sector. We advise on the laws of the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and Luxembourg and provide specialist entity management, governance, regulatory and consulting services.