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Offshore: What is appropriate? Robert Lindley and Wesley O’Brien discuss cases where offshore family courts act as auxiliaries to those onshore - Generally, for a foreign...
forum non conveniens applied. Forum for administration clause Kawaley J agreed that the nature or legal character of the dispute is relevant (applying the decision of Crociani v Crociani (7)) in deciding whether a jurisdiction clause in a trust deed applies: The question of whether a forum for administration clause, irrespective of whether it is expressed to be exclusive or not, confers exclusive jurisdiction on the relevant court is an arid debate if the context in which the question arises is not taken into account. The court found that, on the facts of the present case, the trustee would ...
forum non conveniens applied. Forum for administration clause Kawaley J agreed that the nature or legal character of the dispute is relevant (applying the decision of Crociani v Crociani (7)) in deciding whether a jurisdiction clause in a trust deed applies: The question of whether a forum for administration clause, irrespective of whether it is expressed to be exclusive or not, confers exclusive jurisdiction on the relevant court is an arid debate if the context in which the question arises is not taken into account. The court found that, on the facts of the present case, the trustee would ...
Summary Geneva Trust Company v IDF and MF or Re Stingray Trust Judgment) is the latest in a line of decisions of the Cayman Islands courts considering the meaning and scope of the Cayman firewall provisions. The Grand Court has now provided important clarification about the effect of Section 90 of the Trusts Act 2020 2 - that it does not operate to bestow exclusive jurisdiction on the Cayman Islands courts (as previous cases have suggested) and that common law principles of forum non conveniens still have relevance and application in the context of disputes concerning Cayman Islands trusts....
Summary Geneva Trust Company v IDF and MF or Re Stingray Trust Judgment) is the latest in a line of decisions of the Cayman Islands courts considering the meaning and scope of the Cayman firewall provisions. The Grand Court has now provided important clarification about the effect of Section 90 of the Trusts Act 2020 2 - that it does not operate to bestow exclusive jurisdiction on the Cayman Islands courts (as previous cases have suggested) and that common law principles of forum non conveniens still have relevance and application in the context of disputes concerning Cayman Islands trusts...