Shows
Arbitration Life with Janette and HanaAndrew Chin- ARBITRATION LIFE with Janette & HanaFor Hong Kong Arbitration Week 2022, Janette and Hana sit down with Andrew Chin. Andrew is a member the BVI IAC's Panel of Arbitrators specialising in offshore dispute resolution and arbitration. He is Counsel at Harneys, based in their Hong Kong office. He has been practising in field of international arbitration for more than a decade, and he specialises in multi-jurisdictional disputes, obtaining interim measures in aid of arbitration and enforement of awards in the BVI and Cayman Islands. In this interview, Andrew discusses how he got started in arbitration, clients' main reasons for choosing arbitration and difficutes h...
2023-01-3040 min
Take 10Arbitration and interim measuresIn this episode of our Take 10 podcast, Asia Managing Partner Ian Mann and Counsel Andrew Chin talk about how the legislature and judiciary of the British Virgin Islands (BVI) and the Cayman Islands are constructing a favourable landscape for the application of interim measures in aid of international arbitration, no matter where those arbitrations are seated.Key takeaways:The BVI and Cayman Islands have established themselves as one of the key commercial jurisdictions in favour of arbitration by integrating the UNCITRAL Model Law on International Commercial Arbitration into their legislative framework and adopting a pro-enforcement judicial...
2022-09-2216 min
Expert ReviewBeneficial owner concept: Alternative perspectivesIn this second episode, Head of Luxembourg Tax and Regulatory Andrew Knight and guest expert Paolo Panico, explore the way the beneficial owner concept has evolved and how in practice its meaning has been stretched beyond a true interpretation of the term, in particular in the context of companies held by trusts. Paolo is a prolific writer and speaker on the topic and is editor of the publication titled Beneficial Ownership Registers, The STEP Handbook for Advisers.
2022-04-0518 min
Wealth TalksFamily Office PrivacyIn this Virtual Round Table, Family Office Privacy will be considered in light of recent international developments aimed at achieving greater levels of disclosure and transparency of internationally held private wealth.
The following key initiatives will be considered in detail, applied to a hypothetical multi-jurisdiction Single Family Office:
(a) Public Beneficial Ownership Registers;
(b) Opaque Offshore Structures;
(c) Mandatory Disclosure Rules;
(d) Economic Substances Rules;
(e) Common Reporting Standard (CRS);
(f) Foreign Account Tax Compliance Act (FATCA).
Developments in the principal offshore and...
2022-03-061h 30
Take 10International arbitration: A lesson in case managementIn this episode of our Take10 podcast, Partner Andrew Thorp is joined by Partner Peter Ferrer, Co-head of our global Litigation, Insolvency and Restructuring team, and Counsel Olga Osadchaya, a member of our Litigation and Insolvency practice in the BVI.
2021-10-3108 minTake 10Black Swan flies as Siskina diesIn this episode of our Take 10 podcast, BVI Head of Litigation, Insolvency and Restructuring Andrew Thorp is joined by partner Jonathan Addo to discuss the eagerly awaited Privy Council full board decision in Convoy Collateral Limited v Broad Idea International Limited which was handed down on 4 October 2021.The Privy Council was asked to determine whether the Eastern Caribbean Court of Appeal was right in overturning the BVI Commercial Court’s 2010 Black Swan decision, where Justice Bannister held that he had power to grant a freezing order in support of foreign proceedings against a non cause of action de...
2021-10-0306 min
Take 10Arbitration in the offshore worldIn this episode of our Take 10 podcast, Hong Kong partner Andrew Johnstone invites Peter Ferrer, our BVI-based co-head of the global Litigation, Insolvency and Restructuring team, and Hong Kong-based counsel Andrew Chin, to join him for a discussion on all things arbitration, particularly the use of arbitration in offshore disputes. Key takeawaysWhile most offshore disputes are resolved within the British Virgin Islands and Cayman Islands courts, there is an increasing trend in onshore and offshore jurisdictions to resolve disputes by way of arbitration.The main reasons for choosing arbitration are increased confidentially and privacy, and t...
2021-09-0712 minTake 10CEFC Shanghai - landmark common law recognition of PRC administrators in Hong Kong. Would BVI/Cayman Islands follow suit?In this episode of our Take 10 podcast, Andrew Johnstone and Ian Mann discuss the decision in CEFC Shanghai: the first PRC office holder to be recognised under the common law in Hong Kong.Key Takeaways:CEFC ShanghaiCEFC Shanghai was a PRC company in Administration. The Administrators sought common law recognition in Hong Kong in order to stop a garnishee order nisi from being made final.The House of Lords decision of Galbraith v Grimshaw [1910] AC 508 not followed, but obiter dicta in Privy Council decision of Grupo Torras SA v Al-Sabah [2014] 2 CLC 636 followed.The decision i...
2020-05-0710 min