Post-Judgment Norwich Pharmacal Orders: A Square Peg In A Round Hole?

The decision of the Grand Court of the Cayman Islands earlier this year in ArcelorMittal USA LLC v Essar Global Fund Limited & Anor¹ re-examines Norwich Pharmacal Orders (NPO) as a form of post-judgment relief. It will not be the last word on the subject (not least because it is subject to appeal) but it highlights the difficulties caused by the use of NPOs post-judgment applications and how different the regime which has been developed in Jersey is.

In December 2017 ArcelorMittal USA LLC ("ArcelorMittal") obtained an ICC arbitral award against Essar Steel Limited ("Essar Steel"), a company incorporated in Mauritius. Enforcement proceedings were brought in England and Mauritius but the debt of over US$1.5 billion remained unpaid. ArcelorMittal sought a NPO in Cayman against two Cayman companies which it said actively controlled the Essar group of companies (including Essar Steel) and had demonstrated a propensity for directing the group to dissipate assets and evade