Stay of court proceedings and anti-suit injunctions in support of arbitration in the Cayman Islands
Produced in partnership with Anna Peccarino of Travers Thorp Alberga Attorneys at Law

The following Arbitration practice note produced in partnership with Anna Peccarino of Travers Thorp Alberga Attorneys at Law provides comprehensive and up to date legal information covering:

  • Stay of court proceedings and anti-suit injunctions in support of arbitration in the Cayman Islands
  • An introduction to the Cayman Islands arbitration regime
  • Stay of court proceedings in favour of arbitration—the approach of the Cayman Islands courts to the enforcement of arbitration agreements
  • Stay of court proceedings in favour of arbitration—when is this remedy available?
  • Stay of court proceedings in favour of arbitration—creditor’s in winding-up proceedings
  • Stay of court proceedings in favour of arbitration—just and equitable winding-up
  • Stay of court proceedings in favour of arbitration—right to appeal and costs
  • Anti-suit injunctions in support of arbitration in the Cayman Islands

Stay of court proceedings and anti-suit injunctions in support of arbitration in the Cayman Islands

This Practice Note considers two methods by which the Cayman Islands courts seek to uphold parties’ agreements to arbitrate disputes, namely: orders staying court proceedings in favour of arbitration; and, anti-suit injunctions restraining parties from breaching arbitration agreements.

Note: the judgments of the Cayman Islands courts referred to in this Practice Note are not reported by LexisNexis® UK.

An introduction to the Cayman Islands arbitration regime

Arbitration proceedings where the seat of the arbitration is in the Cayman Islands, irrespective of where the parties are based, are governed by the Arbitration Act 2012 (the Arbitration Act). With effect from 3 December 2020, pursuant to the Cayman Islands Citation of Acts of Parliament Law 2020, any Cayman Islands enactment that was a ‘Law’ or which contains a reference to the title of a Law, shall be amended by omitting the word ‘Law’ and substituting it with the word ‘Act’. Consequently, all Cayman Islands laws past and future must be referred to as ‘Acts’. References to ‘Laws’ in documents and contracts prior to this new law will not affect their validity but any updated documentation and/or new contracts should update the references accordingly. The Arbitration Act is based largely on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law) and the English Arbitration

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