The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“the Convention”).

Background Following established English practice and procedure, litigation in the Cayman Islands operates on a “loser pay” basis, i.e. the loser pays the winner’s costs. There is, however, no assurance provided to the plaintiff that the losing defendant will be able to pay the plaintiff’s costs. The plaintiff in deciding to commence proceedings accepts the…

English common law principles, followed and applied in the Cayman Islands, establish a number of pre-requisites for the enforcement of foreign judgments.

Next to “what will it cost?” the question, “will I get my costs?”, is probably one of the most common questions that litigation lawyers deal with when advising clients contemplating legal proceedings.  Typically most clients are left a little confused by the answer, wondering why if they succeed in their claim or in their defence,…

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