13th November 2024
In its recent judgment in the case of Afiniti Ltd v Chishti [2024] CA Bda 15 Civ, the Court of Appeal for Bermuda has revisited Bermuda’s rules relating to the admissibility of foreign Arbitration Awards, and Independent Counsel opinions, in the context of proceedings brought by a former Director against a Bermuda exempt company claiming advancement and indemnification of certain legal fees and expenses, under the terms of a Directors’ and Officers’ Indemnification Agreement.
Amongst other points of public importance, the Court of Appeal has confirmed the Bermuda Court’s approach to the ‘certification’ requirements for foreign Arbitration Awards under sections 40 and 41 of the Bermuda International Conciliation and Arbitration Act 1993. The Court of Appeal has also addressed the circumstances in which a foreign Arbitration Award might be admitted in evidence under Bermuda law for the purpose of seeking to establish either an alleged issue estoppel, or an alleged abuse of process, in separate litigation.
Alex Potts KC appeared as Leading Counsel for the Director, both in the Court of Appeal, and in the Supreme Court, for Bermuda.
The Court of Appeal’s Judgment is available here.
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