CAYMAN ISLANDS Law and Practice Contributed by: Alan Bercow and Jae Shin, Appleby
12.2 Enforcement Procedure A Cayman-seated award may be enforced, with leave of the court, in the same manner as a court judgment or order to the same effect (Section 72 (1) Arbitration Act). A New York Convention award may be recog - nised and enforced under the Enforcement Act in the same manner as a Cayman-seated award (Section 5). Originals or duly authenticated copies of the award and the arbitration agreement are required, together with certified translations if in a language other than English (Section 6 Enforcement Act). The same pro - cedure applies to the enforcement of both Cayman- seated and foreign awards. Application is made by an ex parte originating sum - mons with a supporting affidavit. Following the issu - ance and service of an order for the enforcement of the award, the respondent may apply within 14 days for the order to be set aside. The award may not be enforced until the later of the expiry of the 14-day period or the determination of the application for the order to be set aside. 12.3 Approach of the Courts The general approach of the Cayman Islands courts to the recognition and enforcement of arbitration awards (including the standard for refusing enforcement on public policy grounds) is a pro-enforcement one, and Section 7 of the Enforcement Act (giving effect to Arti - cle V of the New York Convention) exhaustively pre - scribes the only grounds on which enforcement may be refused (as stated in Bright Sugar Group Co Ltd and Another v Great Ally Group Limited and Others (unreported, 16 July 2025)). 13. Miscellaneous 13.1 Class Action or Group Arbitration Cayman Islands law does not provide for class action or group arbitration. 13.2 Ethical Codes As regards ethical codes and professional standards, counsel and arbitrators who are Cayman attorneys are subject to the Code of Conduct for Cayman Islands Attorneys-at-Law. Arbitrators are required by Section 28 of the Arbitration Act to act fairly and impartially
applying for leave to appeal or to set aside the award is one month from the date of the award or, if there has been any appeal or review by the arbitral tribunal, from the date that the applicant was notified of the result (Section 77 Arbitration Act). 11.2 Excluding/Expanding the Scope of Appeal Parties can agree to exclude the right to apply for leave to appeal against an award (Section 76 (2) Arbi - tration Act), but not the right to challenge the award under Section 75 of the Arbitration Act. There is no statutory provision entitling the parties to expand the scope of appeal, and this question has not been con -
sidered by the Cayman Islands courts. 11.3 Standard of Judicial Review
The standard of judicial review in respect of an appeal on a point of law is deferential rather than de novo, involving an analysis of the arbitral tribunal’s decision.
12. Enforcement of an Award 12.1 New York Convention
The Cayman Islands is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards as a UK overseas territory. The UK submitted a notification to extend territorial application to the Cayman Islands in 1980, limited to the enforcement of awards made in another conven - tion state. The Cayman Islands has ratified the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards, and has had three bilateral investment trea - ties extended to it by the UK (with Belize, Panama and St Lucia). The Cayman Islands is also a party to the 1967 ICSID Convention, as the UK extended the operative pro - visions of the Arbitration (International Disputes) Act 1966 to the Cayman Islands by the Arbitration (Inter - national Investment Disputes) Act 1966 (Application to Colonies etc.) Order 1967.
113 CHAMBERS.COM
Powered by FlippingBook