CAYMAN ISLANDS Law and Practice Contributed by: Alan Bercow and Jae Shin, Appleby
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) of the Arbitration Act), but not the right to challenge the award under Section 75 of the Arbitration Act (as to which see 11.1 Grounds for Appeal ). There is no statutory provision entitling the parties to expand the scope of appeal and this question has not been con -
The same procedure applies to the enforcement of both Cayman-seated and foreign awards. Application is made by an ex parte originating summons with a supporting affidavit. Following the issue 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 determi - nation 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 pro enforcement and Section 7 of the Enforcement Act (giving effect to Article V of the New York Convention) exhaustively prescribes the only grounds on which enforcement may be refused (as stated in Bright Sugar Group Co Ltd and anor v Great Ally Group Limited and others (KY 2025 GC 96, 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 Islands attor - neys-at-law are subject to the Cayman Islands Legal Services Code of Professional Conduct, 2026. Arbitra - tors are required by Section 28 of the Arbitration Act to act fairly and impartially 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
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 United Kingdom 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 convention state. The Cayman Islands has ratified the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards, and has had three bilateral investment treaties 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 provisions of the Arbitration (International Disputes) Act 1966 to the Cayman Islands by the Arbi - tration (International Investment Disputes) Act 1966 (Application To Colonies, etc) Order 1967. 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) of the Arbi - tration Act). A New York Convention award may be recognised and enforced under the Enforcement Act in the same manner as a Cayman-seated award (Sec - tion 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 of the Enforcement Act).
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