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Final Means Final: Wei V Wang And The Common Law Enforcement Of Foreign Judgments In The Cayman Islands.
['Rohin Pujari']
Conventus Law
The relevant inquiry, it held, is whether the foreign judgment presently creates binding rights and obligations between the parties and operates as a res judicata.
The common law has long recognised that foreign judgments should not be enforced where the procedures adopted by the foreign court were fundamentally unfair.
The focus is on procedural fairness, not on whether the foreign court reached the correct decision or gave sufficient weight to particular evidence.
Consistency with the Cayman Courts’ Pro-Enforcement ApproachThe broader significance of Wei v Wang lies in how closely it accords with the Cayman Islands’ established approach to foreign judgment enforcement.
The Cayman courts have repeatedly affirmed the importance of comity and the recognition of judgments issued by competent foreign courts.