Skip to main content
Link to Walkers homepage

Enforcement of Foreign Judgments and Arbitral Awards from Asia in Offshore Jurisdictions

Apr 17, 2023

Advisory
A sleek black pen with 'Walkers' branding lies atop a closed notebook, both featuring raised 'Walkers' logos.

Key takeaways

  • The British Virgin Islands, Bermuda and the Cayman Islands have effective regimes for enforcement of foreign judgments and arbitral awards.  

  • Once recognised by the Courts of these offshore jurisdictions (by way of the Courts granting leave to enforce) there are a number of strategies that can be adopted to enforce judgments and arbitral awards in the BVI, Bermuda and the Cayman Islands and to challenge their enforcement.  

  • All three jurisdictions have sophisticated judiciaries that will assist judgment and award creditors in appropriate circumstances. 

However strong the claim, and however certain the likelihood of obtaining a favourable judgment or award, no litigation strategy is ultimately successful if it does not extend to enforcement and recovery.

This article surveys the statutory and common law regimes allowing the enforcement of judgments and arbitral awards in the British Virgin Islands, Bermuda and the Cayman Islands and considers options available to Asia Pacific parties who wish to implement an enforcement strategy involving assets in those offshore jurisdictions.

As disputes concerning offshore parties and assets continue to be a common feature of Asia Pacific-seated arbitrations and commercial litigation in Asia Pacific jurisdictions, there will continue to be a need to consider enforcement strategies in offshore jurisdictions as a crucial step following the handing down of foreign judgments and awards. As this article demonstrates, there are a number of strategies that can be adopted to enforce judgments and arbitral awards in the BVI, Bermuda and the Cayman Islands and to challenge their enforcement. All three jurisdictions have sophisticated judiciaries that will assist judgment and award creditors in appropriate circumstances.' 

Click to view advisory

This article was published in the April 2023 issue of Asian Dispute Review, published by the Hong Kong International Arbitration Centre. 

Dispute ResolutionInsolvency & RestructuringBermudaBritish Virgin IslandsCayman Islands

Authors

Kevin Taylor

Kevin Taylor

Managing Partner/Bermuda

T/+1 441 242 1510
M/+1 441 525 1510
E/Email Kevin Taylor
More articles from this author View profile
Oliver Clifton

Oliver Clifton

Partner/British Virgin Islands

T/+1 284 852 2246
M/+1 284 542 2246
E/Email Oliver Clifton
More articles from this author View profile
John Crook

John Crook

Partner/Hong Kong

T/+852 2596 3344
M/+852 9222 5797
E/Email John Crook
More articles from this author View profile
Nick Dunne

Nick Dunne

Partner/Cayman Islands

T/+1 345 814 4548
M/+1 345 326 4733
E/Email Nick Dunne
More articles from this author View profile
Rosalind Nicholson

Rosalind Nicholson

Partner/British Virgin Islands

T/+1 284 852 2237
M/+1 284 542 2237
E/Email Rosalind Nicholson
More articles from this author View profile

Get the latest insights and expertise in your inbox 

Fluid ink image
Sign up
logo footer

Connect with us

FacebookFacebook
InstagramInstagram
LinkedInLinkedIn

Employee login

Self Service Password ResetWalkers AnywhereWalkers Sharefile
Legal notices/Cookies policy

All rights reserved - © 2025 Walkers Global