CAYMAN ISLANDS Law and Practice Contributed by: Sarah Humpleby, Alexandra Franklin, Peter Kendall and Sam Hall, Walkers
2.6.4 Summary Judgment or Other Relief Summary judgment is available. Relief is not condi - tional upon the lease being in a particular form, but stamp duty would need to have been paid in respect of the lease to present it in proceedings before the Cayman Court. It is not possible to confirm what conditions the Cay - man Court might impose. It is possible, however, that the courts may require security for costs or an under - taking to pay another party′s damages in connection with the grant of interlocutory relief, which may likely be obtained prior to the hearing of the dispute, which is the subject of the proceedings. 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments See 2.1.2 Application of Foreign Laws and 2.6.11 Lessees’ Entitlement to Claim Immunity . 2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards A judgment obtained in a foreign court (other than certain judgments of a Superior Court of any state of the Commonwealth of Australia) will be recognised and enforced in the Cayman Court without any re- examination of the merits at common law by an action commenced on the foreign judgment in the Cayman Court where the judgment: • is final and conclusive; • is one in respect of which the foreign court had jurisdiction over the defendant according to Cay - man Islands conflict of law rules; • is either for a liquidated sum, not in respect of penalties or taxes, or a fine or similar fiscal or rev - enue obligations or, in certain circumstances, for in personam non-money relief (following • Bandone Sdn Bhd v Sol Properties Inc (2008) CILR 301 ); and • was neither obtained in a manner, nor is of a kind, that is contrary to natural justice or the public policy of the Cayman Islands if enforced. 2.6.7 Judgments in Foreign Currencies The Cayman Court has jurisdiction to give judgment in the currency of the relevant obligation.
would look to English common-law principles (which have persuasive, if not binding, effect in the Cayman Court). 2.5.5 Assignment of Insurance/Reinsurance Such arrangements are effective under Cayman Islands law, subject to general qualifications as to enforceability. 2.6 Lease Enforcement 2.6.1 Restrictions on Lessors’ Abilities The Cayman Court recognises self-help remedies and typically recognises and enforces contractual arrangements between parties. However, it should be noted that in the majority of cases, the aircraft will not be located in the Cayman Islands, and the lease is likely to be governed by English or New York law. The effectiveness of these actions will, therefore, be deter - mined by general principles of enforceability under the governing law of the lease and in the jurisdiction in which the aircraft is located. Any sale of the aircraft would be subject to there being no third-party liens in place. See 2.4.6 Priority of Third Parties’ Rights in connection with such third-party liens. 2.6.2 Lessor Taking Possession of the Aircraft Enforcement will be determined by the provisions of the relevant lease agreement. If enforcement is con - tested, court proceedings may be required to resolve the dispute. Taking physical possession of the aircraft is permitted under Cayman Islands law, and self-help remedies are permitted without the need to obtain a court order. However, it is open to the relevant enforcing party to seek a court order if it considers it necessary, and in such circumstances, the Cayman Court would recog - nise the self-help remedies. 2.6.3 Specific Courts for Aviation Disputes There are no specific courts in the Cayman Islands that deal exclusively with aviation disputes, and no judicial decisions of the Cayman Court have been reported in relation to the seizure of aircraft.
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