October 25, 2020

Cayman Islands Chief Justice to speak at INSOL Judicial Colloquium

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Chief JusticeChief Justice Anthony Smellie is scheduled to speak at a multinational judicial colloquium on cross-border insolvency in San Francisco on Sunday (22 March).

The head of Cayman’s judiciary will be addressing the Eleventh Joint Multinational Judicial Colloquium on Cross-Border Insolvency, 21 to 22 March, to precede the main INSOL San Francisco Conference, 22 to 24 March. The judicial colloquium is an educational session open only to judges, judicial administrators, and senior civil servants from relevant government ministries globally.

The colloquium is jointly sponsored by INSOL International, UNCITRAL (The UN Commission on International Trade Law) and the World Bank. This is the fifth time the World Bank has joined with INSOL International and UNCITRAL, which have jointly sponsored these colloquia since 1995.

INSOL is a world-wide federation of national associations for judges, accountants, lawyers and other insolvency professionals who specialize in corporate turnaround and insolvency, and is a global accrediting body for insolvency professionals. Supporting INSOL’s work is the Group of Thirty-Six, “some of the most prominent and influential firms within the insolvency and turnaround profession,” noted organisers, adding: “The aim of the Group of Thirty-Six is to work with INSOL to develop best practice guidelines to enhance the ability of practitioners globally to save businesses throughout the world.”

The aim of the educational session at which the Chief Justice will speak is to prepare participants to understand developments in the handling of cross-border insolvency cases where there are assets in more than one jurisdiction, an increasing phenomenon with the growth of cross-border commerce.

“The colloquium will compare judicial and related practices in dealing with practical and theoretical issues arising in cross-border insolvency cases in a number of jurisdictions representing all major legal systems,” the Chief Justice said.

During the Chief Justice’s absence and until his return to office on 26 March, Justice Quin, the most senior judge following the retirement of Justice Henderson, will serve as acting Chief Justice. The costs of attending the judicial colloquia are borne by the organisers.

The Chief Justice served for two years on the Judicial Steering Committee of INSOL International following his 2012 appointment to a role in which he advised INSOL on the arrangements for the judicial colloquia. In that role, as well, the Chief Justice sponsored a one- day 2013 regional judicial colloquium in Cayman as a prelude to an INSOL regional meeting held on island.

He had earlier addressed the Ninth 2011 Judicial Colloquium in Singapore; in 2013 he spoke at the tenth such meeting, also in Singapore.

Among other goals, these addresses send “a clear message that Cayman’s courts recognize and adhere to international standards for resolving cross-border insolvency problems and that the Cayman courts will give the necessary cooperation in ensuring that the principles that should govern international insolvencies are applied,” the Chief Justice said.

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