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The offshore hedge fund industry has typically suffered from a lack of relevant offshore case law. This has changed. While many offshore hedge funds have collapsed in the recent financial crisis, the positive result has been a plethora of offshore hedge fund cases in each of the British Virgin Islands, the Cayman Islands and Bermuda. Each case turns on the specific facts, constitutional documents and statutory framework of the fund in question. However, this article examines some of the general principles that can be derived from these cases as they relate to British Virgin Islands law.
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A Plethora of Case Law