CAYMAN ISLANDS Law and Practice Contributed by: Alan Bercow and Jae Shin, Appleby
13.5 Binding of Third Parties Third parties can be bound by an arbitration agree - ment or award in limited circumstances, as the Arbi - tration Act (Section 2 (1)) defines a “party” to include “any person claiming through or under” a party to an arbitration agreement or to the arbitration proceed - ings. Third parties can be granted or acquire rights to enforce a contractual term, for example through assignment or novation, agency or subrogation. In those circumstances, the third party may elect to be treated as a party to an arbitration agreement (Section 11 Contracts (Rights of Third Parties) Act 2014).
and to allow each party a reasonable opportunity to present their case. 13.3 Third-Party Funding Third-party funding is permissible under Cayman Islands law by virtue of the Private Funding of Legal Services Act 2020. This Act, and the Regulations made in relation to it, contain requirements as to the form and content of litigation funding agreements, and impose limitations in relation to uplift on attorney fees and to contingency fee agreements which involve a percentage of the value of the property recovered in proceedings. These provisions expressly apply to An arbitral tribunal seated in the Cayman Islands does not have the power to order the consolidation of sep - arate arbitral proceedings or the holding of concur - rent hearings, unless the parties agree to confer such power on the tribunal. The parties may agree to the consolidation of proceedings or concurrent hearings (Section 36 Arbitration Act). arbitral proceedings. 13.4 Consolidation
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