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Expertise

Enforcement of Foreign Judgments

Stuarts Litigation and Dispute Resolution department advises on all aspects of the procedure for recognising and enforcing a foreign judgment. Our team has considerable experience advising parties seeking to resist enforcement of a foreign judgment.

The Cayman Islands regime for enforcing foreign judgments is well established.

Although the Cayman Islands has instituted the Foreign Judgments Reciprocal Enforcement Act (1996 Revision), at present, this Act only applies to Australian money judgments.

Judgments from foreign countries are recognisable and enforceable in the Cayman Islands subject to the Common Law. The key criteria being that:

  • The foreign court issuing the judgment had personal jurisdiction over the defendant;
  • The judgment is final and conclusive; and
  • The judgment has not been obtained by fraud or in breach of natural justice, and is not contrary to Cayman Islands public policy.

Stuarts  Litigation and Dispute Resolution department advises on all aspects of the procedure for recognising and enforcing a foreign judgment. Stuarts also has considerable experience of advising parties seeking to resist enforcement of a foreign judgment.

See more information on Enforcement of Foreign Arbitral Awards.

 

Contact our experts for further advice

View profile for Richard AnnetteRichard Annette
Partner and Head of Litigation
, View profile for Adam Russell-KneeAdam Russell-Knee
Senior Associate