Recognizing the importance of generating meaningful thought leadership on the myriad of legal issues encountered in our practice, Lex Caribbean’s attorneys combine a shared Caribbean heritage with training and experience gained in several financial centres around the world to generate rich, relevant and timely insight. Here follows a sample of our most recent publications

06 September 2018

Demystifying Arbitration: Drafting Arbitration Clauses without Tears

Increasingly, commercial parties and their legal counsel are exploring arbitration as a feasible alternative to litigation. More often than not, critics of domestic arbitration in Barbados cite issues of delay, expense and doubt about the process to support continued reliance on the courts as the first choice in the menu of options for resolving disputes.

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23 August 2018

Court of appeal denies freezing order, finding Chief Justice Misapplied Mareva Injunction Principles

Over thirty years after the Barbados High Court granted its first Mareva injunction, the Court of Appeal has finally pronounced on the principles applicable to a grant of a freezing order in Barbados in Parris et al v CLICO International Life Insurance (Civil Appeal No. 8 of 2016). The Court of Appeal unanimously declined to uphold the freezing order granted by the Chief Justice sitting at first instance.

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23 July 2018

Delay sinks minority shareholders' injunction request in class action suit

In Kenneth Went et al v Cable & Wireless (Barbados) Limited et al the Court considered the grant of an injunction in an oppression remedy action by minority shareholders under the Companies Act of Barbados CAP 308 (the “Companies Act”). This decision reminds minority shareholders to act with due expedition in bringing claims, or else lose ground to allegations of delay in applying for “urgent relief”.

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26 March 2018

High Court takes tough stance against error-filled claim

In case practitioners had managed to convince themselves that the High Court’s approach to breaches of procedural rules had relaxed to mere “slap on the wrist” tolerance under the Civil Procedure Rules, 2008, the recent decision in Agard v. Mottley and Walcott (Claim No. 1753 of 2015, High Court, Barbados) should serve as a distinct wake-up call.

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19 February 2018

Barbados High Court reminds parties of the importance of expressing arbitration agreements in writing

In closing a deal, parties to a commercial contract can resemble engaged couples - who prefer not to think about how best to handle a divorce during the happy wedding planning period. However, parties should be careful to ensure their relationship is governed by a final agreement, which outlines their preferred dispute resolution methods.

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