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ARTICLE · 11 APRIL 2019

Enforcement Of Arbitration Award Set Aside – Arbitration Must Be Consensual

Walkers
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The judgment delivered on 19 February 2019 in the matter of VRG Linhas Aereas S.A. v Matlin Patterson Global et al (FSD 137 of 2016 (IMJ)) has provided some welcome guidance.

Cayman IslandsLitigation, Mediation & Arbitration
Rupert Bell
Rupert Bell
Andrew Gibson
Andrew Gibson
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Background

The judgment delivered on 19 February 2019 in the matter of VRG Linhas Aereas S.A. v Matlin Patterson Global et al (FSD 137 of 2016 (IMJ)) has provided some welcome guidance on the circumstances under which the enforcement of foreign arbitral awards may be refused in the Cayman Islands.

The dispute arose from the sale of an airline following which the plaintiff obtained an arbitral award in Brazil. The plaintiff was granted leave at an ex parte hearing to enforce the arbitral award in the Cayman Islands pursuant to the Foreign Arbitral Awards Enforcement Law (1997 Revision). Subsequently, an application was made by the defendants to set aside the ex parte order on three main grounds:

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