Judgment
In an Application of BDO Cayman Ltd concerning Argyle Funds SPC Inc (In Official Liquidation) - Judgment
FSD 0163/2017 (RPJ) · 2018-02-13
Injunctions - anti-suit injunctions - injunction against foreign proceedings brought against auditors - Injunctions - anti-suit injunctions - injunction against foreign proceedings brought against auditors - in respect of New York proceedings - arbitration, exclusive jurisdiction, sole recourse and assignment clauses - approach to evidence - approach to construction and degree of probability to be applied to enforceability - Arbitration Law, 2012 section 7 (arbitration agreement enforceable in insolvency) and 8 (consumer arbitration agreement) - originating process - overriding objective - discretion to cure defect in procedure.
Full metadata
| Cause Number | FSD 0163/2017 (RPJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Parker J |
| Parties | In an Application of BDO Cayman Ltd concerning Argyle Funds SPC Inc (In Official Liquidation) - Judgment |
| Judgment Date | 2018-02-13 |
| Subject | Injunctions - anti-suit injunctions - injunction against foreign proceedings brought against auditors - Injunctions - anti-suit injunctions - injunction against foreign proceedings brought against auditors - in respect of New York proceedings - arbitration, exclusive jurisdiction, sole recourse and assignment clauses - approach to evidence - approach to construction and degree of probability to be applied to enforceability - Arbitration Law, 2012 section 7 (arbitration agreement enforceable in insolvency) and 8 (consumer arbitration agreement) - originating process - overriding objective - discretion to cure defect in procedure. |
| Filename (current) | 18-02-13-BDO-Cayman-Ltd-concerning-Argyle-Funds-SPC-INC-FSD-163-of-2017-RPJ.pdf |