PRACTICE NOTES
Cayman Islands stays of proceedings and anti-suit injunctions supporting arbitration: statutory framework, winding-up arbitrability, and Privy Council guidance in China CVS
This Practice Note examines two ways in which the Cayman Islands courts uphold parties’ agreements to arbitrate disputes: orders staying court proceedings in favour of arbitration, and anti-suit injunctions restraining breaches of arbitration agreements. Note: the Cayman Islands court judgments referred to in this Practice Note are not reported by LexisNexis® UK.
An introduction to the Cayman Islands arbitration regime
Where the seat of arbitration is the Cayman Islands, arbitration proceedings, irrespective of the parties’ locations, are governed by the Arbitration Act 2012 (the Arbitration Act). With effect from 3 December 2020, under the Cayman Islands Citation of Acts of Parliament Law 2020, any Cayman Islands enactment that was a 'Law', or that contains a reference to the title of a Law, is amended by removing the word 'Law' and replacing it with 'Act'. As a result, all Cayman Islands legislation, past and future, must be described as 'Acts'. References to 'Laws' in pre-existing documents and contracts do not affect their validity; however, any revised documentation and/or new contracts should update such references accordingly. This terminological update applies across the statute book and should be reflected wherever practical in revised materials. The Arbitration Act is derived largely from the UNCITRAL...
Arbitration