Arbitral Digest

Matter

Bank of Credit and Commerce International Ltd Overseas (BCCI Overseas) insolvency proceedings

  1. 22 July 1991Cayman Islands

    22 July 1991Cayman Islands

    Judgment of the Grand Court of the Cayman Islands dated 22 July 1991

    The Grand Court of the Cayman Islands

    Decision summary
    The court opened provisional liquidation proceedings against BCCI Overseas and appointed liquidators.

    Supporting details

    4 participants
    BCCI Overseas
    Representative
    A... (For: BCCI Overseas)
    Representative
    X... (For: BCCI Overseas)
    Representative
    Z... (For: BCCI Overseas)
    The Grand Court of the Cayman Islands

    1 day later · 1 days

  2. 23 July 1991France

    23 July 1991France

    Judgment of the Paris Commercial Court dated 23 July 1991

    Paris Commercial Court

    Decision summary
    The court opened judicial reorganisation proceedings against BCCI Overseas because the Cayman insolvency judgments had not been granted exequatur in France, and appointed Mme Y... as creditors' representative.

    Supporting details

    2 participants
    BCCI Overseas
    Paris Commercial Court
    Other
    Representative
    Mme Y... (For: Creditors)

    5 months and 22 days later · 175 days

  3. 14 January 1992Cayman Islands

    14 January 1992Cayman Islands

    Judgment of the Grand Court of the Cayman Islands dated 14 January 1992

    The Grand Court of the Cayman Islands

    Decision summary
    The court opened liquidation proceedings against BCCI Overseas and appointed A..., X..., and Z... as liquidators.

    Supporting details

    4 participants
    BCCI Overseas
    Representative
    A... (For: BCCI Overseas)
    Representative
    X... (For: BCCI Overseas)
    Representative
    Z... (For: BCCI Overseas)
    The Grand Court of the Cayman Islands

    2 years, 2 months and 15 days later · 805 days

  4. 29 March 1994France

    29 March 1994France

    Judgment of the Paris Court of Appeal in case 92/9109 dated 29 March 1994

    Paris Court of Appeal

    Case no.
    92/9109
    Decision summary
    The court upheld rejection of the collective claim declaration by the Cayman liquidators because it did not identify or substantiate each creditor's claim.

    Supporting details

    2 participants
    Paris Court of Appeal
    Other
    Representative
    The liquidators (For: BCCI Overseas)
    Representative
    Mme Y... (For: Creditors)
  5. Date not availableFrance

    Date not availableFrance

    Judgment of the French Court of Cassation rejecting the principal appeal

    French Court of Cassation

    Decision summary
    The court rejected the principal appeal. It held that the Cayman liquidators could represent creditors and lodge a claim in the French insolvency proceedings, but had to comply with French formal and evidentiary requirements for each creditor's claim; the incidental appeals therefore became moot.

    Supporting details

    4 authorities · 5 participants
    BCCI Overseas
    Representative
    A... (For: BCCI Overseas)
    Representative
    X... (For: BCCI Overseas)
    Representative
    Z... (For: BCCI Overseas)
    French Court of Cassation
    Other
    Representative
    Mme Y... (For: Creditors)

    Authorities cited

    4
    • French Civil Code
      statute
    • French New Code of Civil Procedure
      statute
    • French Law of 25 January 1985
      statute
    • French Decree of 27 December 1985
      statute
  6. Date not availableFrance

    Date not availableFrance

    Order of the supervising judge rejecting the claim declaration

    Supervisory Judge

    Decision summary
    The supervising judge rejected the collective declaration lodged by the Cayman liquidators because it did not identify the amount or establish the existence of each represented creditor's claim with supporting documents.

    Supporting details

    3 participants
    Creditors
    Representative
    The liquidators (For: Creditors)
    Representative
    The creditors' representative (For: Creditors)
    Supervisory Judge

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Bank of Credit and Commerce International Ltd Overseas (BCCI Overseas) insolvency proceedings · Matter