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In re China Agrotech

Published: Wednesday 18 October 2017

Clare Stanley QC, leading Shaun Maloney of Ogier, acted in the ground-breaking case of In re China Agrotech FSD 157 of 2017 (NSJ), in which the Grand Court of the Cayman Islands (Mr Justice Segal) granted recognition and assistance to liquidators appointed by the High Court of Hong Kong, inter alia, to present a scheme of arrangement under s.86 of the Companies Law (as revised) on behalf of a Cayman incorporated company.  The decision is the first reported judgment explaining the basis of and reasons for the Cayman Court exercising its jurisdiction to recognise and assist foreign liquidators of a Cayman incorporated company in circumstances where there are no parallel insolvency proceedings in Cayman.