Cayman Islands: Litigation, Mediation & Arbitration

开曼群岛《大法院规则》第24号命令引入新第7A条规则，为诉讼前及非诉讼方证据开示建立成文机制。本文探讨该规则如何填补程序框架中的重大空

Discovery is a key aspect of section 238 appraisal proceedings and is critical in establishing fair value. In 58.com the Grand Court of the Cayman Islands recently clarified the circumstances...

Under Order 24, rule 1 of the Grand Court Rules ("GCR"), a party is required to give discovery of "documents which are or have been in his possession, custody or power".

The Grand Court of the Cayman Islands has issued a groundbreaking ruling that unbuilt strata buildings shown on registered plans can be legally deemed 'destroyed' to remove them from strata schemes. This novel interpretation provides the first practical solution to statutory deadlock in phased developments where unanimous consent for plan alterations cannot be secured, potentially influencing strata and condominium disputes across common law jurisdictions.

A High Court ruling examines the cross-border application of section 423 of the Insolvency Act 1986 in enforcing English arbitration awards, while establishing critical boundaries for the Marex tort in asset recovery disputes. The decision addresses whether offshore restructurings undertaken before arbitral awards can be challenged under English law when assets are allegedly moved to frustrate enforcement.

A recent English High Court decision confirms that foreign judgments may be enforced even when extraordinary review procedures remain available, provided the judgment presently determines the parties' rights. The case also reinforces that natural justice defences are reserved for genuine procedural unfairness, not disagreements with foreign courts' conclusions. How does this ruling align with the Cayman Islands' established approach to foreign judgment enforcement?

The Cayman and Hong Kong courts have delivered parallel rulings in Re Ourgame International Holdings Limited that fundamentally reshape how liquidators must approach applications for powers and cross-border recognition. These decisions establish that courts will scrutinize each requested power individually, requiring specific justification and evidence rather than granting blanket authority. What does this mean for practitioners seeking to make Cayman liquidations effective across multiple jurisdictions?

Recent Cayman Islands court decisions have reshaped the landscape for fund liquidations, clarifying competing routes to winding up, the independence test for appointed liquidators, and the jurisdictional implications of filing proofs of debt. These rulings establish important boundaries around officeholder powers while balancing efficiency against proper judicial oversight.

A recent English High Court decision confirms that foreign judgments may be enforced even when extraordinary review procedures remain available, provided the judgment presently determines the parties' rights. The case also reinforces that natural justice defences are reserved for genuine procedural unfairness, not disagreements with foreign courts' conclusions. How does this ruling align with the Cayman Islands' established approach to foreign judgment enforcement?

The Cayman Islands serves as a premier international financial centre where substantial wealth is structured through various entities, making it a critical jurisdiction for cross-border asset recovery disputes. This comprehensive guide examines the robust legal framework and powerful mechanisms available under Cayman Islands law for parties seeking to trace, preserve, and recover assets across multiple jurisdictions.

The regime for enforcement of foreign arbitral awards in the Cayman Islands, as embodied in the Foreign Arbitral Awards Enforcement Act and the jurisprudence of the Grand Court of the Cayman Islands ...