Commercial and trust disputes are increasingly arbitrated rather than litigated, due to its many advantages – not least confidentiality and comparative speed. With the rise of arbitration comes a corresponding increase in the need for enforcement of arbitral awards. Conyers has the experience, the global presence and the responsiveness to help with both of these mechanisms.
Arbitration is increasingly used globally as the most efficient and cost-effective alternative to court litigation. Conyers is experienced in all forms of alternative dispute resolution and will work with you throughout the process.
The advantages of arbitration count for nothing unless any award in your favour can be enforced. We advise on the most effective means of enforcement, including on the most appropriate available relief and how best to enforce against offshore assets. Operating around the world and across time zones through our offices in Bermuda, BVI, Cayman, London, Singapore and Hong Kong, we offer around the clock services to ensure enforcement proceeds without any delays – and time is almost always of the essence in these matters.
In addition to enforcement and, should it be required, resisting enforcement of awards, we also advise on interim relief in support of arbitrations and disclosure orders in support of possible arbitration proceedings.
Your dedicated Arbitration Enforcement Group comprises the collective specialist talent and experience of Conyers lawyers across our offices worldwide. We have many decades of experience enforcing arbitration awards in Bermuda, the BVI and the Cayman Islands from virtually every arbitral tribunal in the world.
- Acting on behalf of KMG International NV to enforce a US$200 million-dollar arbitration award by tracing and taking steps to recover allegedly stripped assets. Conyers was first instance advocate in seeking appointment of provisional liquidators and thereafter worked with leading counsel on a series of challenges, all of which were defeated at appellate level. We were further involved in the cross-border liaison of bankruptcy officials and complicated conflict issues as to treatment of assets between differing states under differing bankruptcy orders.
- Obtaining ex parte freezing injunctive relief and Norwich Pharmacal relief against BVI-incorporated corporate defendants and their registered agent. The case concerned assets valued in excess of US$200 million, the recognition through interim assistance of an arbitral award issued in the ICC, and engaged the use of the Court’s powers under the new Arbitration Act to provide interim relief in aid of arbitrations.
- Involved in one of the first arbitrations issued in the BVI International Arbitration Centre, a claim brought against the Health Authority for breach of contract in the provision of external cardiology services.
- Acting to assist a client enforce a US$130 million award involving a Chinese tech company and a Hong Kong company.
- Advising an international energy company on the enforcement of a US$1 billion arbitration award against the Government of India in the Cayman Islands for breaches of an international bilateral investment treaty.
- Advising two Russian banks on Cayman Islands legal issues regarding asset recovery claims pending in the English High Court against the defendants, as well as associated asset tracing and recovery issues involving a Cayman Islands trust.
- Acting for the State of Kuwait in the context of legal proceedings before the Cayman Islands Courts designed to facilitate the release and use of confidential private equity fund documents in an international BIT/ICSID arbitration, pursuant to the provisions of the Confidential Information Disclosure Act.