BVI Litigation & Insolvency Client Update - March 2016

Welcome to our March 2016 BVI litigation and insolvency bulletin, co-authored by Ben Mays, Andrew Chissick and Jevaughn Rhymer.

This edition of the bulletin contains reports on four recent cases:

• A Court of Appeal judgment distinguishing the approach of the BVI Court from the English Court in respect of judicial discretion when determining whether to stay winding up proceedings in favour of arbitration. The judgment also considers the applicable test for determining whether a debt is disputed on genuine and substantial grounds. 
• A notable decision of the Privy Council discussing the extent to which parties to a dispute are entitled to a stay under the Arbitration Ordinance 1976 (the "Arbitration Ordinance") without themselves having initiated arbitration proceedings.