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  • Article

    Landmark Decision Approving Third Party Litigation Funding In The British Virgin Islands

    Exential Investments Inc. (the "Company") formed part of a group of companies (the "Exential Group") that operated a Ponzi scheme between 2011 and 2016.
    British Virgin IslandsCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Asset Tracing Services – BVI Norwich Pharmacal Orders: How To Obtain One And Key Points To Keep In Mind

    Norwich Pharmacal orders have long been a powerful tool employed in the BVI in aiding foreign proceedings.
    British Virgin IslandsCriminal Law
    Conyers
    Conyers
  • Article

    An Update On The Recovery Of Foreign Lawyers' Fees In The BVI

    For many years, the entitlement of litigants with disputes before the Eastern Caribbean Supreme Court (the BVI Court)...
    British Virgin IslandsLaw Department Performance
    Appleby
    Appleby
  • Article

    Acting Without Standing: Risks In Litigation

    A recent judgment handed down by Mithani J in the Commercial Division of the High Court, in the Eastern Caribbean Supreme Court in ATH v UGX, THA & Ors provides...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    BVI Arbitral Proceedings Memorandum

    The BVI Arbitration Act came into force on 1 October 2014 and epitomises the BVI's support for arbitral proceedings both within the jurisdiction and abroad.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Lennox Paton
    Lennox Paton
  • Article

    Eastern Caribbean Court Of Appeal Enforces Qatari Royal Family Oral Will And Holds That BVI Shares Are Movable Property

    A judgment, regarding issues of res judicata and the enforcement of a foreign oral will over BVI shares, and of particular importance to contentious private wealth practitioners...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Latest Guidance From ECSC Court Of Appeal On Global Anti-suit Injunctions

    The Court of Appeal in the Eastern Caribbean Supreme Court recently handed down its Judgment in relation to an application for a global anti-suit injunction.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Standing Room Only: A "Person Aggrieved" Under S.273 Of The BVI Insolvency Act 2003

    In a judgment handed down on 15 April 2025, Stevanovich v Matthew Richardson and another (as Joint Liquidators of Barrington Capital Group Ltd (in Liquidation) [2025] UKPC 18...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    The BVI Common Law After Broad Idea

    The Judicial Committee of the Privy Council has recently handed down its heavily anticipated Judgment in the conjoined BVI appeals of Broad Idea...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Privy Council Clarifies Position On Non-Exclusive Arbitration Clauses In BVI

    The relevant part of the arbitration clause in question read: "If a dispute cannot be settled within twenty (20) business days through negotiation, any Party may submit the dispute to binding arbitration" (our emphasis).
    British Virgin IslandsWealth Management
    Appleby
    Appleby
  • Article

    Navigating Cost Assessments - The BVI Commercial Judge Offers Clarity On Recoverable Costs In The Commercial Division

    On 29 April 2016, the Honourable Justice Barry Leon, the Commercial Court Judge in the BVI, handed down a detailed Judgment on the assessment of costs in the Commercial Division.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Case Comment: Olive Group - Welcome Clarification On Dissent Procedure Under BVI Law

    The case involved a minority shareholder, Gavin Mayhew, who was forcibly redeemed pursuant to Section 176 of the Act.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    The Privy Council Provides Guidance On The Use Of Share Register Rectification Claims To Determine Title To Shares

    Walkers is often asked to advise on the extent to which section 43 of the BVI Business Companies Act 2004 ("BCA") can be relied on to determine disputes concerning legal title to shares.
    British Virgin IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    "They Stand And Fall Together" - Privity Of Interests In Recognition Of Foreign Judgments

    A recent decision of the BVI Court in an application to set aside an order for rectification of the register of a BVI company has wider implications for the recognition of foreign judgments in the BVI and the...
    British Virgin IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    BVI High Court Confirms That Exercise Of Discretion To Wind Up A Company Not Dependent On "A Head Counting Exercise"

    Whilst the wishes of the majority of creditors (whether in number or by value) is an important factor in many decisions made within insolvency processes...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    From Void Acts To Personal Liability: The UKSC On BVI Director Accountability

    When is a former director liable for post-liquidation fiduciary breaches? The UK Supreme Court's decision in Mitchell and another (Joint Liquidators of MBI International & Partners Inc (in Liquidation)) v Sheikh Mohamed Bin Issa Al Jaber (No 2) UKSC/2024/0076 answers that question.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Anti-Suit Injunctions: A Jurisdiction Which Must Be Exercised With Caution

    "An anti-suit injunction is an extreme remedy that is rarely granted and the discretion to grant such an order must be based on the facts of the case and be exercised with caution."
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    BVI Court Puts Substance Over Form When Considering Technical Defences To Issues Of Service And Injunctive Relief

    Maples and Calder, the Maples Group's law firm, welcomes a recent judgment from the BVI Commercial Court in Durant International Corp (in Liquidation) v Flavio Maluf, which brings clarification to important issues ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Privy Council Dismisses Appeal In BVI Unfair Prejudice Proceedings

    Walkers has successfully acted for its client, Successful Trend Investments Corporation ("STIC"), a company incorporated in the British Virgin Islands (the "BVI") which is part of a conglomerate of
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    The BVI Civil Procedure Rules Undergo Significant Amendment

    Like a reliable and familiar friend, BVI litigators have been accustomed to the Eastern Caribbean Supreme Court Rules ("the CPR") for a considerable period.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Showing 101–120 of 275 results

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