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Nicholas Fox

Nicholas Fox

Cayman Islands
Partner

Zachary Hoskin

Zachary Hoskin

Cayman Islands
Senior Associate

Angelique McLoughlin

Angelique McLoughlin

Cayman Islands
Associate

Grand Court refuses to enforce a foreign arbitral award, holding that there had been no consent to arbitrate

[Dynamic date]

11 April 2019

The recent decision of VRG Linhas Aereas S.A. v. Matlin Patterson Global Opportunities Partners (Cayman) II L.P. & Ors is a rare example of the Cayman Court refusing to enforce a foreign arbitral award. The decision provides guidance on some of the issues the Cayman Court may look at when determining if the requisite consent to arbitrate existed between parties, the scope of an arbitration tribunal's jurisdiction and whether an arbitration award breaches the principles of natural justice, such that it would be contrary to Cayman public policy to enforce it.