Cayman Islands Court Reinforces Commitment to Court-to-Court Communications
11 Sep 2020
Building on this long history, is the restructuring of the Chilean-based airline, LATAM, which includes a US Chapter 11, Cayman Islands restructuring provisional liquidation and Chilean proceedings. The Court has, for the first time we are aware, approved a direct court-to-court communication protocol.
The approval reinforces that the Court will ensure that it assists other courts in facilitating a global solution to company rescue.
The Court approved prior judicial comment that "it is our duty and our pleasure to do all we can to assist the [foreign court], just as the [Cayman Islands court] would expect the [foreign] court to help us in like circumstances".
Prior to approval of the LATAM protocol, questions had been raised in some quarters whether there was a jurisdictional basis for the Court to communicate directly with foreign courts. The Court confirmed that any debate in this area had been put to bed given the formal adoption by the Cayman Islands, in a 2018 practice direction, of the Judicial Network Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters.
Print Ready Version.
If you would like further information, please contact your usual Maples Group contact or any of the contacts list below.
Of Counsel Cayman Islands
T: +1 345 814 5654
Partner Cayman Islands
T: +1 345 814 5239
Associate Cayman Islands
T: +1 345 814 5497