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  • Article

    Three Strikes And Out - Withers BVI Succeeds In Defence Of $300m Claim

    Withers BVI has been acting for a group of BVI companies in connection with the worldwide litigation between the founders of the IKOS quant hedge fund.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Withers LLP
    Withers LLP
  • Article

    Litigation Update: Claim Stayed On Forum Non Conveniens Grounds Notwithstanding That Remedy Sought Under BVI Companies Legislation

    The High Court in the BVI is often called to adjudicate upon applications for stays on forum non conveniens grounds. In a recent case, Febvre Company Limited v Grape Expectations SA, the Court had to consider, it seems for the first time, the issue of whether it was appropriate to stay on forum non conveniens grounds a claim for rectification of the share register of the defendant BVI company (represented by Harneys).
    British Virgin Islands
Wealth Management
Harneys
Harneys
  • Article

    Members Claims Under The BVI Business Companies Act

    Walkers Partners Rosalind Nicholson and John O'Driscoll and associate Cate Barbour acted for the successful defendants in an important case.
    British Virgin IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    BVI Court Issues Key Decision On Recoverability Of Costs

    Significantly, the Court determined the issue of the recoverability of costs in respect of work done by three fee earners of Conyers based in Hong Kong who were not BVI admitted at the relevant time.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Splitting The Costs: The BVI Court Retains A Discretion To Order Costs At The End Of The Liability Phase Of A Split Trial

    By way of background to the appeal, the 1st to 6th respondents, in their capacity as minority shareholders, commenced derivative proceedings against the appellants.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    The BVI's New Legal Profession Act: What English QCs Need To Know

    In late 2015, after nearly a decade of consultation and back-and-forth, the BVI passed into law a new Legal Profession Act (LPA) regulating inter alia admissions and practice.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Missed Understanding: BVI Court Holds Directors In Breach Of Their Duty To Act For A Proper Purpose

    Green Elite's predominant purpose, was to compensate key employees of the business.
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Widening The Net: BVI Court Expands Post Judgment Norwich Pharmacal Jurisdiction

    In UVW v XYZ, the BVI Court gave an important judgment in relation to the obligations of a registered agent to provide third party disclosure to assist a foreign judgment creditor trace assets.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    Access Bank Plc (As Successor In Title And Assignee Of Diamond Bank Plc) v Dr Ambrosie Bryant Chukwueloka Orjiako And Ors BVIHCCOM2023/0282

    This robust decision illustrates that even in cases alleging fraud and dishonesty, it may be possible to obtain summary judgment on the merits.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    At What Costs? Court Of Appeal Ruling Raises Questions About BVI Legal Profession Act

    In Garkusha v Yegiazaryan and Ors (BVIHCMAP 2015/0010), the full Court of Appeal held that the fees of foreign lawyers not licensed under the Legal Profession Act 2015 (the Act) are not recoverable in a costs assessment.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Black Swan: "Stand-Alone" Injunctions In Support Of Foreign Proceedings

    The BVI court has jurisdiction to grant "stand-alone" injunctions in support of foreign proceedings.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    BVI Commercial Court Provides Further Guidance On The Black Swan Jurisdiction

    Walkers acts for the respondents to an ex parte order made under the Black Swan jurisdiction, which permits certain preservative orders to be made in support of foreign proceedings.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    BVI Dispute Resolution Specialist David Welford Joins Ogier As Partner

    BVI Dispute Resolution specialist David Welford has joined Ogier as partner. David joins Ogier's BVI law team in Europe, which works seamlessly alongside the firm's BVI-based...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Navigating The Enforcement Of Foreign Judgments In The British Virgin Islands

    The enforcement of foreign judgments in the British Virgin Islands presents unique challenges for judgment creditors seeking to recover assets through offshore structures. This examination of the BVI's legal framework reveals the strategic considerations that should inform dispute resolution from the outset, not merely after judgment has been obtained.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Withers LLP
    Withers LLP
  • Article

    Recoverability Of Costs For Non-BVI Lawyers

    Recently in the BVI the recoverability of the fees of foreign lawyers from opposing parties has been the subject of both judicial and legislative concern.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Reservation of Rights Preserves Jurisdiction Challenge

    In a definitive judgment handed down on 20 June 2016 in JSC VTB Bank v Alexander Katunin [BVIHCMAP2015/004 & 007], the Eastern Caribbean Supreme Court of Appeal confirmed that the correct test in determining conduct amounting to submission to the jurisdiction of the court ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Withers LLP
    Withers LLP
  • Article

    Snapshot: Privy Council Upholds BVI Commercial Court On Appropriate Forum

    The Privy Council yesterday gave helpful guidance on the principles to be applied when seeking to stay proceedings on forum grounds – a common feature of BVI disputes.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Developments In Norwich Pharmacal In Foreign Proceedings – What You Need To Know

    Two recent judgments broaden the Norwich Pharmacal jurisdiction in the BVI, each by the two incumbent Commercial Court justices...
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Article

    O'Neal Webster Litigation Team Scores Major Win For The BVI Electricity Corporation

    "This is a victory not only for the BVIEC, but for the Territory as a whole," notes Mr. Dennis.
    British Virgin IslandsWealth Management
    O'Neal Webster
    O'Neal Webster
  • Article

    Reciprocal Enforcement Between Hong Kong And China – Expanded Options

    BVI, Cayman Islands or Bermuda companies listed or with underlying operations in mainland China or Hong Kong
    GlobalLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Showing 21–40 of 275 results

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