Chief Justice addresses the Choice of Venue for Insolvency Proceedings at INSOL Conference
Chief Justice - Hon. Anthony Smellie QC. Photograph provided courtesy of the Cayman Islands Judicial Administration
"Cayman Islands laws and administrative arrangements are sufficiently flexible to facilitate, where appropriate and applicable, the domestic resolution of insolvency proceedings or the rendering of assistance for the resolution of such proceedings before foreign courts". This is the view of Chief Justice Anthony Smellie who recently spoke on the investment fund perspective on “forum shopping” to an international audience of fellow judges and related professionals.
An overview of this legal and judicial progression was detailed in his paper on the topic of “Forum Shopping is Bad; Choice of Forum is Good?” at an INSOL San Francisco judicial colloquium, 21 to 22 March. Forum Shopping is the informal name given to the practice of some litigants of having their cases heard in the court thought most likely to provide a favourable outcome.
Cayman’s Chief Justice was speaking at the Eleventh Joint Multinational Judicial Colloquium on Cross-Border Insolvency, part of a larger INSOL conference. The annual judicial colloquium, at which the Chief Justice has been a regular presenter, is an educational session open only to judges, judicial administrators, and senior civil servants from relevant government ministries globally.