This chapter covers Enforcing Foreign Arbitral Awards in the Cayman Islands, The 2019 Hague Convention on Enforcing Judgments and Enforcement and Digital Assets.
This edition discusses identifying assets, domestic judgments, foreign judgments and arbitral awards.
Following a recent decision of the Cayman Islands courts on the information rights which limited partners have against the general partner of a fund, Paul Kennedy and Simon Thomas consider the case and the very different position of corporate fund shareholders under Cayman Islands law.
This article explores the statutory powers which can be invoked by foreign litigants seeking to obtain evidence in the Cayman Islands under the Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978.
As companies across many sectors look to restructure company and group debt in the face of demand and supply shocks that have rocked the global economy, advisors will need to carefully consider the restructuring forum.
This country-specific Q&A provides an overview to restructuring & insolvency laws and regulations that may occur in Cayman Islands.
This country-specific Q&A provides an overview to restructuring & insolvency laws and regulations that may occur in the British Virgin Islands.
In business, contractual counter parties have been considering how unforeseen “supervening” events affect the rights and obligations of their agreements. Much has been written recently on ‘frustration of contracts’ (as well as the various other kinds of frustration), but where does this concept come from and is there anything to be learned from history about how might it be applied today?
This article outlines the main ADR processes available to parties to Cayman disputes and highlights some of their potential advantages. It is important for parties to consider ADR at the outset of a dispute, even where a contractual dispute resolution procedure exists, before embarking on a dispute resolution process that may be ill-suited to the dispute or where preferable alternatives may exist.
This briefing note is intended to provide some guidance for fund directors as they deal with the fallout from this pandemic.