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  • Article

    BVI Case Notes, October 2013

    Below is a summary of recent cases out of the British Virgin Islands (BVI) Commercial Court, compiled by Harneys’ Litigation team.
    British Virgin IslandsWealth Management
    Harneys
    Harneys
  • Article

    Sea Change

    The cost-benefit analysis of AEOI initiatives will no doubt be debated for many years to come. When considering the impact on the Caribbean region, however, two issues stand out.
    British Virgin IslandsWealth Management
    Harneys
    Harneys
Article

Conyers Secures Costs For Opposing Creditors: TLG Atma Ltd (Applicant) v Atlas Mara Limited (Respondent) BVIHC (COM) 0027 Of 2021

In its judgment dated 28 July 2021, the BVI Commercial Court, determined both that as matter of jurisdiction, and in the exercise of his discretion he should permit creditors...
British Virgin IslandsCorporate/Commercial Law
Conyers
Conyers
  • Article

    Fair Valuations On Minority Member Exit From A BVI Company

    From time to time a British Virgin Islands company and its minority member(s) will not agree on certain matters affecting the minority's interests and objectives.
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    BVI Appeal Court Rejects Attempt To Appeal Forum Decision Following Russian Invasion Of Ukraine

    A recent decision of the Eastern Caribbean Court of Appeal Appeal in WWRT Limited -v- Carosan Trading Limited and Boris Kaufman (BVIHCMAP 2022/0002)...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Caribbean Two-step? – Update On Norwich Pharmacal Relief Against BVI Registered Agents

    In a recent judgment, CIF v (1) DLG and (2) GIY (BVIHCM2023/0050) the BVI Commercial Court (the Hon. Justice Gerhard Wallbank)...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Case Alert: The Court Of Appeal Affirms The Jurisdiction Of The BVI Court To Award Pre-Judgment Interest

    In the recent Court of Appeal decision of Steadroy Matthews -v- Garna O'Neal, BVIHCVAP 2015/0019 ("Steadroy Matthews") the Court upheld an award of pre-judgment interest on general damages...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Costs In Liquidation Proceedings – Does The Failure To Set Aside A Statutory Demand Subvert The General Rule That Costs Follow The Event?

    The British Virgin Islands (the BVI) insolvency regime provides for the issuance of statutory demands against BVI companies.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Mourant
    Mourant
  • Article

    Lessons In Anchor Management

    In the latest episode of the global Ablyazov litigation, the BVI Commercial Court's recent judgment in Joint Stock Company "BTA Bank" v Timur Sabyrbaev and ors BVIHCM 2021/0171 provides...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Snapshot Of Key Enforcement Methods In The BVI

    The enforcement toolkit available in the BVI is similar to many other common law jurisdictions. However, the BVI Courts have tailored their approach to meet the challenges...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Anti-Arbitration Injunctions Restored To The Arsenal Of The BVI Court

    The argument that the Arbitration Act ousted the court's existing jurisdiction also failed because it did not meet the standard that a provision of a statute seeking to oust the court's jurisdiction must be expressed in clear terms.
    British Virgin IslandsWealth Management
    Appleby
    Appleby
  • Article

    Foreign Lawyers' Fees Remain Recoverable If Incurred Prior To The Legal Profession Act 2015

    The claim in this matter, Zorin Sachak Khan et al v Gany Holdings et al BVI HCMAP 2014/0018, concerns the appropriation of trust property and it sought various trust-related remedies.
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Article

    Eastern Caribbean Court Of Appeal Finds That The Historic Decision In Black Swan Was Wrongly Decided

    The Black Swan injunction, named after the landmark decision, broke new ground by ruling that claimants could seek freestanding freezing injunctions in the BVI in support of foreign proceedings...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Shareholder Relief: Eastern Caribbean Appeal Court Considers The Just And Equitable Grounds For Winding Up A BVI Company

    In Wang Zhongyong -v- Union Zone Management Ltd [BVIHCMAP 2013/0024] ("Wang"), the Eastern Caribbean Court of Appeal ("ECCA") has had its first opportunity to review the legal principles...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Black Swan Flies And The Siskina Lists: Privy Council Upholds BVI Freestanding Freezing Injunctions

    The Privy Council today (4 October 2021) handed down its much anticipated judgment in Broad Idea.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Forum Non Conveniens - An Important Clarification By The BVI Court Of Appeal

    The BVI Court of Appeal has issued an interesting and timely judgment clarifying the principles applicable on a forum non conveniens challenge, in relation to claims alleging a multi-million dollar fraud purportedly...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Interim Receivership Orders: Cross-Undertaking Requirement Clarified

    On 11 May 2022, a judgment by the Eastern Caribbean Court of Appeal in JTrust Asia PTE. Ltd. v Mitsuji Konoshita et al and Showa Holdings provided fresh guidance on the circumstances...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Interim Receiverships In The BVI: A Cautionary Tale

    In recent years, the Courts of the British Virgin Islands have seen an increase in the number of applications for interim receiverships.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Eastern Caribbean Court Of Appeal Stays BVI Unfair Prejudice Proceedings In Favour Of Chinese Courts

    What is the appropriate forum for a shareholder dispute over a shipping joint venture conceived in China and brought to fruition via BVI and Singapore companies?
    British Virgin IslandsWealth Management
    Appleby
    Appleby
  • Article

    The Privy Council Deliver A Further Boost For The BVI Arbitration Sector

    The Judicial Committee of the Privy Council delivered its latest Judgment only weeks after the US Second Circuit decided that it lacked jurisdiction to enforce an ICC arbitration award.
    British Virgin IslandsWealth Management
    Appleby
    Appleby
  • Showing 141–160 of 275 results

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