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.