Litigation updates

Cayman Islands

Cayman injunctions in aid of foreign proceedings
Ogier
  • Cayman Islands
  • 29 September 2020

Where a potential judgment debtor in onshore proceedings threatens to dissipate its assets, the plaintiff may face a pyrrhic victory with no assets against which to enforce its judgment. Where the defendant is a Cayman company or has assets in the Cayman Islands, the Cayman court has statutory jurisdiction to grant a freezing injunction in aid of those foreign proceedings, which can extend to the worldwide assets of the defendant.


France

Contributed by Kalliopé
Members of independent administrative authorities can be recused under principle of impartiality
  • France
  • 29 September 2020

In a June 2020 decision, the first civil chamber of the Supreme Court recognised the admissibility of a petition for a risk of lack of impartiality against a member of an independent administrative authority – namely, the president of the French Polynesian Competition Authority. By way of this decision, the Supreme Court confirmed its earlier decision that an independent administrative authority with the power to impose penalties must comply with Article 6(1) of the European Convention on Human Rights.


Guernsey

Guernsey injunctions in aid of foreign proceedings
  • Guernsey
  • 29 September 2020

Where a potential judgment debtor in onshore proceedings threatens to dissipate its assets, the plaintiff may face a pyrrhic victory with no assets against which to enforce its judgment. Where the defendant is a Guernsey company or has assets in Guernsey, the Royal Court has statutory jurisdiction to grant an injunction in aid of those foreign proceedings, including freezing injunctions to prevent defendants dealing with the relevant assets in Guernsey.


Hong Kong

Contributed by RPC
Court highlights judicial oath in dismissing recusal application
  • Hong Kong
  • 29 September 2020

In a recent case, a High Court judge dismissed the defendants' application that she recuse herself from a substantive hearing in contempt proceedings. The application was based on what the defendants submitted was a reasonable apprehension of bias ('apparent bias') – in particular, they claimed that in an earlier decision involving the same parties, the judge had prejudged a question of fact that was crucial in the contempt proceedings.


Netherlands

Contributed by AKD
London arbitral award not enforced in Netherlands
  • Netherlands
  • 29 September 2020

Charterparties commonly contain an arbitration clause. One of the perceived advantages of arbitration over litigation is the worldwide recognition and enforceability of arbitral awards on the basis of the New York Convention. However, a recent ruling by the Supreme Court should serve as a warning to those considering inserting an arbitration clause in their contracts with a view to seeking subsequent enforcement in the Netherlands.