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With the hedge fund industry severely impacted by recent events, many offshore funds have been left facing serious liquidity issues and substantial redemption requests they cannot meet. In order to trade out of difficulty or preserve assets for the benefit of all members, funds often take steps to suspend redemptions. It is not surprising then that disputes regarding the exercise of such powers have recently come before the courts offshore. The decisions discussed herein will provide guidance to funds and investors concerning the proper exercise of suspensions and remedies available when disputes arise.
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Recent Court Decisions on Hedge Funds in the Cayman Islands, Bermuda and BVI