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International / offshore, Commercial disputes | Eastern Caribbean Court of AppealWednesday 7 February 2018

Cap Juluca

David Phillips QC has appeared in the Eastern Caribbean Court of Appeal sitting in St Vincent on appeal from the High Court of Anguilla.  The appeal is the latest stage of the multi-facetted Cap Juluca dispute which has occupied courts and arbitrators in a variety of proceedings since 1991 in Anguilla, Antigua, St Lucia, Monserrat, New York and the Privy Council in London.  This hearing concerned the effect of a New York bankruptcy court’s Order endorsing an arbitrator’s award concerning real property rights in Anguilla.  The particular issue was the enforceability of charges registered in Anguilla in breach of the New York ruling.  The Court of Appeal has to reconcile that Order with subsequent Orders of the High Court and of the Court of Appeal.  The litigation continues to concern payment of very significant sums.  Judgment has been reserved.

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