GRENADA Law and Practice Contributed by: Linda Dolland, Seon & Associates
9. Enforcement 9.1 Enforcement of Judgments
Foreign arbitral awards may be resisted on the addi- tional grounds set out in the Arbitration Act, including: • invalidity of the arbitration agreement; • breach of due process; • tribunal exceeded its mandate; • improper composition; • award set aside in the seat; and • public policy.
Foreign judgments out of Commonwealth jurisdictions may be registered within Grenada’s Civil Judgment Registry upon an application for registration of the judgment being made and granted by Order of the Court, pursuant to Part 74 of the Civil Procedure Rules 2023. Other foreign judgments require fresh proceedings to be initiated before the court in Grenada in which the foreign judgment is sued upon as an ordinary com- mon law debt. 9.2 Enforcement of Arbitral Awards Domestic awards are enforceable as a judgment with leave of the court, which may be made without notice, but supported by affidavit evidence. Foreign arbitral awards must be made by way of a Fixed Date Claim Form, as a common law action on the award. 9.3 Length of Time Registration of a foreign judgment typically takes one to three months if uncontested. Contested set-aside applications can extend the time for registration to up to 12 months. Common-law actions for the recogni- tion of a foreign judgment take longer, and may take approximately 12–18 months for a contested debt action. Enforcement steps may take between six to nine months. 9.4 Grounds for Resisting Enforcement Foreign judgments may be resisted on grounds including lack of jurisdiction of the foreign court, fraud, breach of natural justice, public policy, or that the judgment is not final and conclusive.
10. Dispute Resolution and AI 10.1 Regulation
The use of AI is not yet regulated in dispute resolu- tion in Grenada. There are certain jurisdictions within the Caribbean in which guidelines have been imple- mented for the use of AI before the court, but this has not yet taken place in Grenada. 10.2 Impact There has not yet been any data released on the impact of AI on dispute resolution in Grenada, though anecdotal information suggests that practitioners are utilising AI to assist in the research and analysis of matters. 10.3 Future While it is expected that the courts will utilise AI as a means of improving efficiency, the manner in which this will be done has not yet materialised. The authors’ prediction is that AI will assist parties to streamline and expedite dispute resolution. It is expected that, as with the Caribbean Court of Justice (CCJ) and the Bahamas, there will soon be formal AI regulation intro- duced, ethical guidelines, and judicial training.
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