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  • Article

    Privy Council Clarifies Statutory Power To Rectify Register Of Members

    The decision of the Privy Council draws a curtain on the practice of using the summary process of rectification proceedings to determine disputes concerning the beneficial ownership of BVI shares.
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    A Meeting Of Minds: The Privy Council & Duomatic Principles

    In the recent British Virgin Islands ("BVI") appeal of Fang v Green Elite ("Green Elite"), the Privy Council reaffirmed the principle in Duomatic
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
Maples Group
  • Article

    Will The BVI Follow The DIFC, USA And New Zealand?

    The Eastern Caribbean Supreme Court, including the BVI, is conducting its most wide-ranging review of its Civil Procedure Rules in 20 years.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Privy Council Guidance On Rectification Of BVI Share Registers And Service Out

    In a recent opinion, the Privy Council has given definitive guidance on the operation of the statutory scheme in the British Virgin Islands for the rectification of share registers.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    BVI Company Law: Eastern Caribbean Court Of Appeal Provides Further Clarity On The Application Of The Duomatic Principle

    In two recent decisions from the BVI, the Eastern Caribbean Court of Appeal has provided useful clarity on the application and scope of the Duomatic principle.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Freezing In The Caribbean

    There has been more heat than light in the area of freezing injunctions in the British Virgin Islands (the "BVI"), in particular in recent years so it comes as a welcome relief that the Privy Council...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    The BVI Privy Council Clarifies When One Can Appeal As Of Right In The British Virgin Islands

    On 14 May 2024, the Privy Council delivered its judgment in Chhina v Nazir and Another [2024] UKPC 10, an appeal from the British Virgin Islands ("BVI").
    British Virgin IslandsLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Overseas Lawyers And The BVI – Winds Of Change?

    A recent judgment handed down by the Court of Appeal of the Eastern Caribbean Supreme Court has potentially undermined the ability of lawyers to work on matters before the BVI courts and recover their fees for such work.
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Article

    The Pacific Andes Saga: Forum Shopping, Chapter 11 And Just And Equitable Winding Up

    ‘Forum shopping' can lead to some fierce jurisdictional battles particularly in insolvency where the choice can be stark between debtor and creditor friendly procedures
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Voluntary Liquidation: An Almost Irreversible Procedure

    Can a company that has been voluntarily wound up be restored to good standing on an application by a former shareholder, liquidator, or director, who has a change of heart as regards the company's liquidation?
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Insolvency Disputes: The Effect Of Failing To Challenge A Statutory Demand

    What are the repercussions, if any, of a respondent's failure to challenge a statutory demand in respect to its ability to oppose a subsequent winding up petition?
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Appleby
    Appleby
  • Article

    Carey Olsen Obtains Significant Judgment In The BVI Commercial Court For Access Bank Plc In US$200+ Million Cross-border Enforcement Claim

    The BVI Commercial Court (the "Court") has recently granted summary judgment in favour of Access Bank plc (the "Bank") against Dr Ambrosie Bryant Chukwueloka Orjiako...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Natural Justice In Focus: Sergey Taruta v VTB Bank

    The Eastern Caribbean Court of Appeal recently handed down its latest decision in the Sergey Taruta v VTB Bank litigation...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Norwich Pharmacal In The Age Of Transparency: Tracing Assets Under The BVI's New Beneficial Ownership Regime

    In the BVI, one of the world's leading offshore incorporation jurisdictions, Norwich Pharmacal orders have become essential tools in unveiling the ultimate beneficial owners (UBOs) behind corporate structures.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Proceed With Caution: BVI Recoverable Costs Still Not Crystal Clear

    Given that the BVI is an international business and financial centre, disputes usually have a cross-jurisdictional element to them.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Submission To Jurisdiction And ‘Impracticability’ Of Service

    In relation to submission to jurisdiction, the BVI Commercial Court has signaled that in cases of ambiguity, conduct trumps words and substance triumphs over form.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Setting Aside A Statutory Demand – BVI Commercial Court Provides Further Guidance Regarding The Application Of The Sparkasse Test

    On 22 January 2020, the Court handed down judgment in the matter of Pacific Fertility Institutes Holding Company Limited v Pacific Fertility Institutes (HK) Holding Company Limited.
    British Virgin IslandsFinance and Banking
    Campbells
    Campbells
  • Article

    Arbitration Agreements And Insolvency Proceedings

    The British Virgin Islands (BVI) Court tightens up on creditors raising spurious disputes and relying on arbitration clauses to avoid insolvency
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Guide To Freezing Orders In The British Virgin Islands

    A freezing order (sometimes referred to as a freezing injunction) is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgment has been enforced.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    The Death Of A Black Swan?

    The Black Swan theory is a philosophical metaphor for a major and unexpected event, which in turn depends upon an ancient assumption that the Black Swan does not exist.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Showing 181–200 of 275 results

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