JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, Carey Olsen
14. Outlook 14.1 Proposals for Dispute Resolution Reform There are no major pending proposals for dis- pute resolution reform in Jersey. The RCR are regularly reviewed by a committee. In September 2021, legislation came into force to enable all legislation that is displayed on the Jersey Law website as being currently in force, to be the official version of the legislation for cit- ing in court. The courts have recently rolled out a new digi- tal case management system. This has become the default system for the supply of bundles for court hearings and is underpinned by a new Practice Direction (RC 21/01). In practice, hard- copy hearing bundles are now the exception Unfair prejudice proceedings are currently enjoying some popularity, with the Royal Court tackling issues of valuation methods and quan- tum. Shareholder disputes are also played out through just and equitable windings-up, and there have been a number of court-ordered creditors’ windings-up since the introduction of a court-ordered, creditor-driven form of credi- tors’ winding-up (akin to the English creditors’ winding-up). Applications for recognition of for- eign administrators or liquidators continue to be popular as Jersey companies are frequently involved in the restructuring of larger groups. rather than the norm. 14.2 Growth Areas
only if the parties have not excluded appeal rights. The court will not review a foreign award unless it is clearly invalid or unenforceable. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration The enforcement of both foreign and domestic arbitral awards requires the leave of the court. Foreign arbitral awards must satisfy some basic criteria of enforcement (eg, concerning the valid- ity of the arbitration process and award). The time limit for enforcement of domestic awards is ten years from the date of the award. The time limit for the enforcement of foreign awards is determined with reference to the rules of the foreign arbitration/jurisdiction. There are no specific procedural rules governing the enforcement of domestic or foreign arbitral awards, but the Arbitration Law allows them to be enforced in the same manner as a domestic judgment. As to the form of the arbitral awards, applica- tions for enforcement must specify the pro- posed manner of enforcement. Typically, at least a copy of the award and the underlying arbitration agreement will be included with the application. The exact evidence and information required depends on the type of award and the Arbitration Law sets out requirements specific to whether a foreign award falls outside the New York Convention or not. Where the leave of the court is granted, the act of court will specify the manner of enforcement. Enforcement options are the same as those set out in 9.4 Enforcement Mechanisms of a Domestic Judgment .
739 CHAMBERS.COM
Powered by FlippingBook