Arbitral Digest

Matter

BCCI Overseas insolvency proceedings (French judicial reorganisation and Cayman provisional liquidation)

  1. 22 July 1991Cayman Islands

    22 July 1991Cayman Islands

    Judgment of the Grand Cayman Court dated 22 July 1991 concerning BCCI Overseas

    Grand Cayman Court

    Decision summary
    The Grand Cayman Court opened provisional liquidation proceedings against BCCI Overseas and appointed Mr B..., Mr X..., and Mr A... as liquidators.

    Supporting details

    4 participants
    BCCI Overseas
    Grand Cayman Court
    Other
    Institutional administrator
    Mr B...
    Institutional administrator
    Mr X...
    Institutional administrator
    Mr A...

    1 day later · 1 days

  2. 23 July 1991France

    23 July 1991France

    Judgment of the Paris Commercial Court dated 23 July 1991 concerning BCCI Overseas

    Paris Commercial Court

    Decision summary
    The Paris Commercial Court opened judicial reorganisation proceedings against BCCI Overseas after its provisional administrator declared cessation of payments, treating the Paris branch as the debtor's principal establishment for France and Monaco.

    Supporting details

    2 participants
    BCCI Overseas
    Paris Commercial Court
    Other
    Institutional administrator
    Mr Y...

    11 months and 15 days later · 351 days

  3. 8 July 1992France

    8 July 1992France

    Judgment of the Paris Court of Appeal dated 8 July 1992 concerning BCCI Overseas

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal upheld the opening of French judicial reorganisation proceedings against BCCI Overseas, holding that the Cayman provisional liquidation did not prevent the French proceedings and that the Paris branch was the debtor's principal establishment in France.

    Supporting details

    4 participants
    BCCI Overseas
    Mr B...
    Mr X...
    Mr A...
    Paris Court of Appeal
  4. Date not availableFrance

    Date not availableFrance

    Judgment of the French Court of Cassation concerning BCCI Overseas

    French Court of Cassation

    Decision summary
    The French Court of Cassation dismissed the appeal and held that the Cayman provisional liquidation did not bar French judicial reorganisation because it was not entitled to recognition in France under a treaty and had not received exequatur. It upheld Paris's jurisdiction based on BCCI Overseas's principal establishment in Paris and held that the provisional administrator had authority to declare cessation of payments.

    Supporting details

    6 authorities · 5 participants
    BCCI Overseas
    Mr B...
    Mr X...
    Mr A...
    French Court of Cassation
    Other
    Institutional administrator
    Mr Y...

    Authorities cited

    6
    • Law of 24 January 1984
      statute
    • French Civil Code
      statute
    • French New Code of Civil Procedure
      statute
    • Law of 25 January 1985
      statute
    • Decree of 27 December 1985
      statute
    • Law of 24 July 1966
      statute

Matter record

Report a correction

BCCI Overseas insolvency proceedings (French judicial reorganisation and Cayman provisional liquidation) · Matter