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July 4 2016

START DATE

END DATE

November 4 2016

IN THE MATTER OF UP ENERGY DEVELOPMENT GROUP LIMITED-IN PROVISIONAL LIQUIDATION (FOR RESTRUCTURING PURPOSES)

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

SUPREME COURT OF BERMUDA (COMMERCIAL COURT)

COMPANIES (WINDING-UP)

IAN RC KAWALEY CJ

Keith Robinson Appleby (Bermuda) Limited

Christian Luthi Conyers Dill & Pearman Limited; Alsha Wilson Harneys Bermuda Limited; Kevin Taylor Nicole Tovey Taylors

FACTS OF THE CASE:

Dispute over the appointment of JPLs to oversee restructuring of insolvent company divisions among creditors regarding trust in company management and proposed JPLs appointment of one nominee from petitioner and two from company to ensure impartial oversight of restructuring

SUMMARY:

Whether to appoint JPLs to supervise restructuring choice of JPLs to balance independence and effective management collaboration

OUTCOMES:

Appointment of one nominee from petitioner and two from company as JPLs division of labor among JPLs to respect jurisdictional primary carriage and ensure impartial restructuring process oversight

RULED IN FAVOUR OF:

Balanced in favor of both petitioner and company to facilitate impartial restructuring oversight

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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IN THE MATTER OF UP ENERGY DEVELOPMENT GROUP LIMITED-IN PROVISIONAL LIQUIDATION (FOR RESTRUCTURING PURPOSES)

Dispute over the appointment of JPLs to oversee restructuring of insolvent company divisions among creditors regarding trust in company management and proposed JPLs appointment of one nominee from petitioner and two from company to ensure impartial oversight of restructuring

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