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ARTICLE · 15 MARCH 2024

No Place For Public Policy - Cayman Islands Reviews Forum Formula

Harneys
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The Court recognised that its primary task is to identify the forum in which the case can be suitably tried for the interests of all parties and for the ends of justice.

Cayman IslandsLitigation, Mediation & Arbitration
Andrew Johnstone
Andrew Johnstone
Ian Mann
Ian Mann
Luke Fraser
Luke Fraser
Minna Wu
Minna Wu
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In the recent decision of Taiping Trustees Limited v Valley Stone Industry Fund Ltd, the Cayman Islands Grand Court provided a timely reminder that public policy factors should not be taken into account when determining the appropriate forum for a dispute.

The Court recognised that its primary task is to identify the forum in which the case can be suitably tried for the interests of all parties and for the ends of justice. The "natural" or appropriate forum is that which the case has the most real and substantial connection. In doing so, the Court must consider and weigh up the connecting factors (or, the Spiliada principles) to determine where the balance lies.

One argument raised was whether it would be appropriate for policy reasons for all disputes relating to fiduciaries of Cayman Islands investment vehicles to be determined in the Cayman Islands. In considering the principles applicable to forum non conveniens, Justice Doyle reviewed a number of

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