Judicial Cooperation in Commercial Litigation: the British Cross-Border Financial Centre World

Formerly published as 'Cross-Border Judicial Cooperation in Offshore Litigation (The British Offshore World)', this third edition has a new title and provides a new perspective. This edition casts off the 'offshore' mantle, contending that the subject jurisdictions are more aptly described as 'cross-border' financial centres rather than "offshore" centres.

The jurisdictions covered in this edition are Bermuda, the Cayman Islands, Guernsey, Jersey, and the Isle of Man. They are each territories with varying degrees of internal self-governance for which the United Kingdom Government retains responsibility for external affairs. Each jurisdiction hosts a high concentration of foreign investment vehicles which gives rise to a high volume of cases where the efficacy of mechanisms for judicial cooperation between local and foreign courts is important for protecting the value of private investments and preventing or remediating financial misconduct.

The book is written solely by judges with experience of adjudicating cross-border commercial cases in each of the five subject jurisdictions, providing a judicial insight into how the courts approach the three main aspects of judicial cooperation covered:

. obtaining evidence and information for foreign proceedings

. enforcing foreign judgments and arbitral awards

. cross-border insolvency.

These issues are addressed in a thematic, practice-focussed manner, with relatively brief summaries of the substantive law complemented by commentary on the extent to which local law reflects international instruments and the adequacy of existing statutory or common/customary law rules.