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1 Legal and judicial framework
1.1 Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?
Judgments from foreign countries are recognisable and enforceable in the Cayman Islands pursuant to the common law and, in a limited number of cases, pursuant to the Foreign Judgments Reciprocal Enforcement Law (1996 Revision).
Foreign arbitration awards may be enforced under the Foreign Arbitral Awards Enforcement Law (1997 Revision) (for further details please see
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On the 15th January 2021 the Official Cyprus Government Gazette
published procedural regulations on the electronic registration of
documents to the judicial system (i-JUSTICE)
The electronic registration regulations give more freedom on how
documentation can be registered and have a goal of satisfying the
need for a more timely and efficient proceeding while, at the same
time, allowing for less physical contact and safer judicial
operations as necessary due to the emergency situation affecting
countries around the world.
The basic points to be considered are as follows:
Wastech:
Confirms that the duty to exercise
discretionary contractual powers in good faith, like the duty of
honest contractual performance, applies to all contracts and cannot
be excluded by the parties;
Clarifies that the duty is breached
where a party exercises a contractual power unreasonably , meaning in a manner not connected to the
underlying purposes for which the discretion is granted;
Mandates that when ascertaining
whether an exercise of discretion is unreasonable, and therefore a
breach of the duty, the court must interpret the contract (the first source of justice between the parties ) as a
whole. The content of the duty is guided by the intentions of
INTRODUCTION
The evolution of information and communication technology has
changed our world tremendously. In the past decade or two, there
has been a significant increase in electronic contracts and
communications. Communication between parties, across the globe,
has become simpler than ever before. As technology has become more
portable, greater amounts of information is created, stored, and
accessed in a variety of devices. With increasing reliance on
electronic contracts, communication, and exchange of documents
through electronic means, electronic evidence has assumed great
significance. Further, with the increasing impact of technology in
every sphere, production of electronic evidence has become vital to