Offshore Hedge Fund Disputes: We're Not in New York Anymore
Offshore Hedge Fund Disputes: We're Not in New York Anymore Jonathan Sablone, Nixon Peabody LLP "Hedge Funds are sophisticated investment vehicles often strict adherence to the fund documents reminiscent of hedgehogs or sea urchins which tend regardless of the sale tactics utilized by the fund, to prick badly if not carefully handled . ." ― Judge and the difficulty encountered by onshore Joseph-Olivetti, Matter Between SV Special authorities looking to investigate, prosecute or seize Situations Fund Limited and Headstart Class F the assets of such funds. In many ways, offshore Holdings Limited, In the High Court of Justice, venues provide idyllic upsides to both fund British Virgin Islands (2008). managers and investors alike. These benefits may be outweighed by the downside of litigating a Introduction dispute offshore, however. Fund managers and investors often discount the offshore legal structure There is perhaps no better summation of the until a problem arises. It is only then that they may offshore legal philosophy, borrowed from English come to realize that offshore legal vehicles are not law, than the above statement by Judge Joseph- for everyone, and may provide insurmountable Olivetti in the SV case. Put simply, offshore problems when a loss of capital liquidity or a jurisdictions, following the lead of courts in the freezing of redemptions occurs. United Kingdom, are much more likely to apply a "buyer beware" standard to hedge fund investors Offshore Venues seeking redress in offshore courts. Both fund managers and institutional investors should Although there are many offshore jurisdictions understand the key differences in offshore law which have become havens for hedge funds and before forming, or investing in, an offshore fund.
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