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ARTICLE · 17 MARCH 2026

Respecting Annulments, Pursuing Assets: Two BVI Decisions On Arbitral Award Enforcement

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They demonstrate the BVI is a jurisdiction that is both respectful of the limits of its enforcement powers and robust in its willingness to give effect to valid New York Convention Awards.

British Virgin IslandsLitigation, Mediation & Arbitration
Jevgenija (Jane) Fedotova
Jevgenija (Jane) Fedotova
Gráinne Hussey
Gráinne Hussey
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Two significant recent judgments delivered by the BVI court, Abdul Kadir Al Muhaidib & Sons Company v Dr Moamena Kamel & Others BVIHC(COM)2024/0213 (29 January 2026) and NKT v NMH and ATG BVIHCMAP2024/0031 (30 January 2026), illustrate the breadth of the court's engagement with arbitration award enforcement and the procedural mechanisms available to creditors for asset tracing. They demonstrate the BVI is a jurisdiction that is both respectful of the limits of its enforcement powers and robust in its willingness to give effect to valid New York Convention Awards.

NKT v NMH and ATG BVIHCMAP2024/0031 (30 January 2026)

NKT v NMH and ATG is a significant Court of Appeal authority for BVI arbitration enforcement practice and is a "green light" to enforcement of arbitral awards against persons who, although being third parties to underlying arbitration and not named in the arbitral award, are alleged to hold assets on behalf of the award debtor.

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