Litigation and Dispute Resolution Lawyers

The Litigation and Dispute Resolution team provides comprehensive advice and representation in the Courts of the Cayman Islands at every level and focuses specifically on commercial, business, insurance and insolvency related disputes.

The majority of work undertaken has an international element including numerous matters connected to the United States and South America.

The Group delivers the highest quality work in all aspects of its engagements and strives at all times to be solution-orientated, pragmatic and cost-effective.

Led by Richard Annette, who qualified as a Solicitor of the Supreme Court of England and Wales in 1995, was admitted as a Cayman Islands attorney in 2000 and joined Stuarts in 2005. Richard has over 25 years commercial litigation and insolvency experience. The team has acted in a number of the most significant Cayman Islands cases in the past decade. In terms of recent Judgments, those include the leading Cayman Islands decision of Toby -v- Allianz Global Risks US Insurance Company (“Allianz”) in which Stuarts successfully acted for Allianz in a complicated Insurance Policy Avoidance claim and Arnage Holdings Ltd. et al -v- Walkers (A Firm) in which Stuarts successfully acted at first instance in obtaining Summary Judgement as to liability.

The Litigation and Dispute Resolution department’s work is particularly noted for representing US and Latin American clients in disputes before the Cayman Islands courts.  

The department has extensive experience in insurance related work, acting for major global and regional insurance companies and captive insurance companies based in the Cayman Islands.

The practice has specific expertise in:-

• advising upon Directors duties;
• advising on breach of fiduciary duty and fraud claims;
• advising in connection with Insurance Policy coverage;
• advising in connection with Directors’ indemnification;
• investment fund related litigation;
• insolvency related disputes, presenting and defending Winding-Up Petitions;
• shareholder disputes and derivative actions;
• contractual disputes;
• professional negligence;
• breach of fiduciary duty and fraud claims;
• obtaining & challenging freezing injunctions in the context of both domestic and overseas proceedings;
• obtaining and challenging disclosure orders;
• obtaining assistance from the Cayman Islands Courts in connection with overseas (U.S.) proceedings; and
• advising on the enforceability of judgements and arbitral awards.

Stuarts Litigation and Dispute Resolution department in the Cayman Islands offers the following comprehensive legal services to corporate and commercial clients: 

Our Cayman Islands Litigation and Dispute Resolution department is closely integrated with our corporate and commercial offering, covering investment funds and company structuring, restructuring, transactions and liquidations. The department is backed by our corporate & commercial team, led by Managing Director, Chris Humphries and Partner and Head of Corporate, Megan Wright, and supported by our robust, experienced administrative team.

Discuss your requirements with our litigation lawyers in the Cayman Islands

Directors Duties

Stuarts litigation attorneys have extensive expertise in advising companies and individuals on their duties as directors of Cayman Islands companies, having helped a wide range of global and local insurance firms and multiple international investment management firms. We can also review and advise on the impact of indemnity protection in Articles of Association and on coverage under D&O insurance. Our team will be happy to advise you in relation to your director duties needs.

Learn more about our director duties services.

Commercial Litigation and Insolvency

Stuarts regularly advises clients on a broad range of commercial disputes, including claims arising out of contracts, professional negligence and attorneys’ duties, with particular expertise in advising on issues of jurisdiction and choice of law. The Litigation and Dispute Resolution department also regularly advise clients in an insolvency context and on their associated duties to both creditors and shareholders.

Learn more about our commercial and litigation insolvency services. 

Shareholder Disputes and Derivative Actions

We regularly advise Shareholders on the several options available to them under Cayman Islands law where they consider that their rights have been infringed. We regularly advise on disputes between shareholders, acting on behalf of both majority and minority shareholders and also act for clients in relation to applications, under section 46 of the Companies Act, for a shareholder to be entered onto a company’s register of members.

Learn more about our shareholders disputes and derivative actions services. 

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.

Learn more about our enforcement of foreign judgments services.

Enforcement of Foreign Arbitral Awards

Stuarts Litigation and Dispute Resolution department is experienced in advising parties on the recognition and enforcement of Foreign Arbitration Awards in the Cayman Islands and are experienced in advising parties that seek to resist the recognition and enforcement of Foreign Arbitration Awards in the Cayman Islands.

Learn more about our enforcement of foreign arbitral awards services.

Insurance and Reinsurance Disputes

We regularly act for insurers based in the Cayman Islands in relation to a broad range of disputes. Stuarts litigation and dispute attorneys regularly advise directors and company officers in relation to coverage issues under D&O insurance policies.

Learn more about our insurance and reinsurance dispute resolution services.

Interim Remedies in Dispute Resolution

Stuarts litigation and dispute attorneys are well versed in advising on and dealing with applications for interim relief in the context of wider Court proceedings including, applications for freezing injunctions, preservation of property pending trial, interim payment in respect of damages, security for costs and search orders.

Learn more about our interim remedies and applications for dispute resolution services.

Service of Foreign Proceedings

Stuarts litigation and dispute attorneys regularly assist in effecting service of foreign proceedings in the Cayman Islands including The Hague Service Convention which is often utilised for effecting service on a Cayman Islands entity.

Learn more about our service of foreign proceedings services.

Mediation and Alternative Dispute Resolution

Our litigation and dispute resolution attorneys have considerable experience of advising parties in litigation on the use of mediation as a dispute resolution tool and have participated in numerous successful mediations. Partner and Head of Litigation, Richard Annette is a qualified mediator with over 20 years experience.

Learn more about our mediation and alternative dispute resolution services.

Arbitration in the Cayman Islands

Stuarts Litigation and Dispute Resolution department has considerable experience of dealing with both domestic arbitrations and international arbitrations. Our litigation attorneys have previously acted on international arbitrations governed by ICC and LCIA rules as well as ad hoc international arbitrations. We have also advised in the context of an Arbitration governed by ARIAS Arbitration Rules and on Cayman Islands law issues arising in the context of an arbitration governed by the rules of the Spanish Court of Arbitration.  

Learn more about our arbitration services in the Cayman Islands.

Discuss your requirements with our litigation and dispute resolution attorneys in the Cayman Islands