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

• 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.' 

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