Black Swan: "Stand-Alone" Injunctions In Support Of Foreign Proceedings

The BVI court has jurisdiction to grant "stand-alone" injunctions in support of foreign proceedings. These are "stand-alone" in the sense that an injunction order can be made where no other substantive relief is sought within the jurisdiction. 

This approach was first taken in 2009 in Black Swan Investment ISA v Harvest View Limited BVIHC (Com) 2009/399, and subsequently approved by the Court of Appeal in Yukos CIS Investments Limited v Yukos Hydrocarbons Investments Limited HCVAP 2010/028. It was developed further in Osetinskaya v Usilett Properties Inc. BVIHC (Com) 2013/0037 (25 July 2013), and more recently guidance has been given earlier this year in Bascuñan and others v Elsca and others BVIHC 2015/0128 (3 February 2016) and PT Ventures SGPS SA v Tokeyna Management Limited BVIHC (Com) 2015/0134 (4 March 2016).