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  • Article

    A Perfect And Timely New Year's Gift From The BVI: Restoration Of The Black Swan Jurisdiction

    On the last day of 2020 and the eve of the new year, the BVI House of Assembly passed the "Black Swan" Bill the Eastern Caribbean Supreme Court (Virgin Islands)...
    GlobalLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    The End Of The Fairfield Clawback Claims?

    The liquidators of the Madoff-exposed Fairfield funds began their seemingly endless slew of clawback litigation in the British Virgin Islands in 2009.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
Maples Group
  • Article

    Dealing With The Death Of A Sole Director/Shareholder Of A BVI Company In The Context Of Pending Proceedings

    Many BVI companies have only one director/shareholder.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Staray Capital Limited And Another V Cha, Yang – Privy Council, On Appeal From The Court Of Appeal Of The Eastern Caribbean Supreme Court (British Virgin Islands)

    The Privy Council has upheld changes to a BVI company's Articles of Association, despite these changes being motivated by a desire to exclude a minority shareholder.
    British Virgin IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Submission To Jurisdiction In Insolvency Claims And Availability Of Cross-Border Anti-Suit Relief – The BVI And US Perspective On The Privy Council Decision In Stichting Shell Pensioenfonds V Krys And Another

    The case arose out of the liquidation of Fairfield Sentry ("Fairfield"), a BVI feeder fund of the collapsed Madoff fund.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    BVI Court Underlines Willingness To Support Foreign Arbitral Proceedings

    The BVI Court of Appeal recently handed down an important decision in relation to the power of the Court to grant injunctive relief in support ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Fairfield Sentry Limited (In Liquidation) – Court Of Appeal Decision – 20 November 2017

    In doing so, the Court of Appeal clarified two important points of BVI law and practice which will be of widespread application...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Fang Ankong And HWH Holdings Limited V Green Elite Limited

    The Eastern Caribbean Court of Appeal ("the Court of Appeal") has clarified the application of the Duomatic Principle and the need for director and shareholder approval for dispositions...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Litigation In The BVI: Virtual Reality, A New Reality?

    In the recent case of Kathryn Ma Wai Fong v Incredible Power and Ors (BVIHC 52 of 2016), Carey Olsen
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Norwich Pharmacal Orders In The British Virgin Islands

    Initially established in the English House of Lords decision in Norwich Pharmacal v Commissioners of Customs and Excise, a Norwich Pharmacal Order is a form of injunctive relief which compels an...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Security For Costs, Foreign Claimants And Failure To Disclose Evidence Of Assets

    A recent decision from the English High Court has highlighted the importance of disclosing details of assets when seeking to resist orders for security for costs against a non-resident claimant.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Recent Decision Clarifies Recovery Of Foreign Lawyers Fees In The BVI

    There have been a series of costs decisions in the British Virgin Islands ("BVI") that had created a degree of uncertainty about the recovery of foreign lawyers' fees.
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Article

    BVI Case Notes, July 2013

    A discussion on a number of recent BVI case notes.
    British Virgin IslandsFinance and Banking
    Harneys
    Harneys
  • Article

    A Specialist Court For A Global Hub: Celebrating 15 Years Of BVI Commercial Court

    Since opening its doors for business 15 years ago, the BVI Commercial Court has played a central part in the continued growth and development of the BVI as an international financial centre.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Receiverships In The British Virgin Islands

    Shining a light on the courts of British Virgin Islands' approach to granting the appointment of receivers, and the state of the law in respect of this powerful interim remedy.
    GlobalWealth Management
    Carey Olsen
    Carey Olsen
  • Article

    Enforcement Of Foreign Wills – Updated Guidance From The BVI Courts

    Estate litigation continues to be on the rise across both the Cayman Islands and the British Virgin Islands (BVI), with an increasing number of proceedings involving some form of claim to assets...
    British Virgin IslandsFamily and Matrimonial
    Carey Olsen
    Carey Olsen
  • Article

    BVI Commercial Court Delivers Key Decision On Third Party Disclosure Orders

    The BVI Commercial Court has confirmed that it has jurisdiction to order third parties to provide disclosure on Norwich Pharmacal principles in order to assist with the enforcement of judgments.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    BVI Court-Appointed Receiverships: Draconian Or Versatile Remedy?

    Historically receiverships were viewed as a draconian remedy of last resort. Today, however, receivers are appointed to address a wide range of legal circumstances.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Service Out Of The BVI: Revolution Or Evolution?

    The 2023 amendments to the Eastern Caribbean Supreme Court Civil Procedure Rules included changes to Part 7, which sets out the rules for service out of the jurisdiction.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Ciban Management Corporation (Appellant) v Citco (BVI) Ltd And Another (Respondents) Privy Council

    The Privy Council decision Ciban Management v Citco (BVI) Ltd (the "Appeal") brings the doctrine of ostensible authority into sharp focus and highlights the extent of the duty of care owed by...
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Showing 161–180 of 275 results

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