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Offshore Cases

Microsoft Corporation -v- Vadem Ltd Claim No. BVIHCVAO2013/007

August 2013 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - DERIVATIVE PROCEEDINGS - WHETHER THE JUDGE ERRED IN LIMITING THE SCOPE OF THE LEAVE WHICH HE GRANTED TO THE APPELLANT TO BRING PROCEEDINGS IN THE NAME OF AND ON BEHALF OF THE RESPONDENT COMPANY

Microsoft Corporation (“Microsoft”), a minority shareholder of the Respondent Company Vadem Ltd (“Vadem”), was granted leave to bring claims derivatively in the name of Vadem under Section 184C of the BVI Business Companies Act, 2004. The Learned Judge, however, also made statements in his written judgment that Microsoft had no authority to prosecute, here or elsewhere, claims vested in Vadem California, which is Vadem’s wholly owned subsidiary. These statements effectively limited the scope of the leave granted to Microsoft. Microsoft appealed seeking an order that the permission previously granted be extended to include claims involving causes of action vested in California.

 

To continue reading full articles in PDF format:
Microsoft Corporation -v- Vadem Ltd Claim No. BVIHCVAO2013/007

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Microsoft Corporation -v- Vadem Ltd Claim No. BVIHCVAO2013/007

17 August 2013

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - DERIVATIVE PROCEEDINGS - WHETHER THE JUDGE ERRED IN LIMITING THE SCOPE OF THE LEAVE WHICH HE GRANTED TO THE APPELLANT TO BRING PROCEEDINGS IN THE NAME OF AND ON BEHALF OF THE RESPONDENT COMPANY

Microsoft Corporation (“Microsoft”), a minority shareholder of the Respondent Company Vadem Ltd (“Vadem”), was granted leave to bring claims derivatively in the name of Vadem under Section 184C of the BVI Business Companies Act, 2004. The Learned Judge, however, also made statements in his written judgment that Microsoft had no authority to prosecute, here or elsewhere, claims vested in Vadem California, which is Vadem’s wholly owned subsidiary. These statements effectively limited the scope of the leave granted to Microsoft. Microsoft appealed seeking an order that the permission previously granted be extended to include claims involving causes of action vested in California.

 

To continue reading full articles in PDF format:
Microsoft Corporation -v- Vadem Ltd Claim No. BVIHCVAO2013/007

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com