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ARTICLE · 27 AUGUST 2020

Enforcement Of Judgments - Trends And Developments 2020

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This chapter covers enforcing foreign arbitral awards in the Cayman Islands, the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, as well as enforcement against digital assets.

Cayman IslandsLitigation, Mediation & Arbitration

Enforcement is one of the key issues for anyone pursuing legal action. Even if a party "wins" by obtaining judgment in their favour, that judgment may have little if any value if it cannot promptly and cost-effectively be enforced. This is especially true for money judgments. Like most areas of the law, enforcement moves with the times; this article considers some recent trends and developments concerning enforcement of judgments and arbitral awards in the Cayman Islands.

Enforcing Foreign Arbitral Awards in the Cayman Islands

The 19 February 2019 judgment of the Grand Court of the Cayman Islands (Mangatal J) in the case of VRGLinhas Aereas SA v Matlin Patterson Global Opportunities Partners (Cayman) LP et al (the "VRG Judgment") was a rare example of the Cayman courts refusing to enforce a foreign arbitral award under the 1958 New York Convention, and provides useful guidance to parties seeking to enforce foreign arbitral awards in Cayman.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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