Regulatory Disputes Lawyers

When the Court intervenes… and when it does not: Grand Court Reaffirms Limited Curial Intervention in Support of Foreign Arbitrations

The Financial Services Division of the Grand Court’s judgment in In the matter of A v B & C (FSD 270 of 2025) provides a timely reminder of the proper boundaries between national courts and international arbitration tribunals in respect of the grant of interim relief. The decision underscores the Cayman Islands' commitment to the principle of limited curial intervention and confirms that the Court’s powers under section 54 of the Arbitration Act 2012 are ancillary to the arbitral process and are only to be exercised when the tribunal cannot provide effective relief itself. The judgment helpfully sets out clear parameters for those seeking ancillary relief and highlights that the Cayman courts will support arbitration proceedings without supplanting them.

David Lee, Zuhair Farouki

Appleby Bermuda Welcomes Former Scholarship Recipient Max Blakeney to Its Trainee Programme

Brad Adderley

Recusal For Apparent Bias Is Not A New Frontier

In Re New Frontier Health Corporation,[1] Justice Doyle decided to recuse himself, such that he would not hear the trial listed to commence weeks later, on the basis that he made findings in his recent Re 51job Inc judgment, as to the reliability and credibility of the same two experts who would give evidence at the New Frontier trial. The New Frontier judgment represents a further endorsement by the Cayman courts of the fundamental maxim that justice must not only be done, but must be seen to be done.

Andrew Jackson, Charlotte Walker