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  • Article

    Heads Or Tails: Structuring For Bankruptcy Remoteness In Digital Assets, The View From The BVI

    Digital asset structures can achieve bankruptcy remoteness if properly designed, but success depends on whether customers hold true proprietary rights or merely contractual claims. This analysis examines how courts distinguish between these positions when exchanges, custodians, or brokers become insolvent, and what operational realities determine whether client assets fall outside the insolvent estate.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    High Court Decision - Forum Rules On Contract Claims And Guidance On Service Rules

    In a recent decision, the BVI High Court examined the rules on stay applications in breach of contract claims and/or breach of fiduciary duty arising out of a contract.
    British Virgin Islands
Litigation, Mediation & Arbitration
Harneys
Harneys
  • Article

    BEFORE YOU SIGN: The Importance Of Contract Review In Maritime Agreements

    Maritime litigators are witnessing an increase in vessel arrests stemming from contractual disputes, with poorly drafted contracts identified as the primary culprit. While no contract can guarantee dispute-free operations, understanding best practices and the importance of tailored agreements can significantly minimize risks in complex maritime transactions subject to delays, sanctions, regulatory requirements, and market conditions.
    British Virgin IslandsTransport
    O'Neal Webster
    O'Neal Webster
  • Article

    Expiry Of BVI Claim Form Defeats US$ 30 Million Claim And Worldwide Freezing Order

    Two and a half years after VTB Bank filed a US$ 30 million claim in the BVI Commercial Court against Withers BVI client Alexander Katunin for enforcement of a Russian default judgment...
    British Virgin IslandsCorporate/Commercial Law
    Withers LLP
    Withers LLP
  • Article

    Reserve Directors And Succession Planning For BVI Personal Investment Companies

    When a sole shareholder and director of a BVI company passes away, the absence of a director can lead to significant administrative challenges and delays in estate administration. This article examines practical solutions available under BVI law, including the strategic appointment of reserve directors and the use of trust structures, to ensure business continuity and facilitate the smooth transfer of shares to beneficiaries.
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    Pre-Funding Investigation, Litigation Privilege And Disclosure: Implications Of The Recent English Decision In Uber v White

    The English Commercial Court has ruled that documents created during a litigation funder's pre-funding investigation do not attract litigation privilege, and that such documents may be within the control of claimants whose solicitors were previously engaged by the funder. This decision has significant implications for how litigation funders structure their retainer arrangements and manage confidentiality during the investigatory phase of potential claims.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    BVI Commercial Court Demonstrates Ability To Protect Interests Of US Investors In BVI Companies

    In a decision of Justice Jack published on 3 March 2021 the BVI Commercial Court reinforced its reputation by demonstrating its ability to act effectively to protect the interests of US investors in BVI companies.
    British Virgin IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    BVI Trusts: The Inherent Jurisdiction Of The Court To Remove And Replace A Trustee

    This week, the BVI Commercial Court (the "Court") has handed down judgment in Briefline Assets Ltd v Nikolay Falin and Anor, where the Honourable Mr Justice Jack has clarified how the Court will interpret...
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    Conyers Secures US$178 Million Judgment For Claimant In Long-running BVI Shareholder Dispute

    On 24-25 October 2023, Justice Wallbank of the BVI Commercial Court presided over a valuation trial in the matter of Soemarli Lie v Ng Min Hong & Success Overseas Finance Limited...
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Corporate Evolution Serving Global Commerce

    The end of 2015 marked 20 years in the legal profession for me. During those two decades the legal landscape has changed dramatically owing to both technological advancement and commercial factors.
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Legal Update: Remoteness Of Damages For Breach Of Contract

    In Attorney General of the Virgin Islands v Global Water Associates Ltd (British Virgin Islands) [2020] UKPC 18 ("GWA") the Privy Council, the Island's final appeal Court...
    British Virgin IslandsCorporate/Commercial Law
    DQ Advocates
    DQ Advocates
  • Article

    Welcome Guidance On Appointing Claimants To Intervene In Receiverships

    The BVI Commercial Court provided welcome guidance on the standing of an appointing party to interfere in a receivership.
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    Joint Provisional Liquidators Appointed: All Year Holdings Limited

    Conyers BVI litigators Richard Evans and Charles Goldblatt secure the appointment of Provisional Liquidators over All Year Holdings Limited ("AYH") at an urgent hearing before the BVI Commercial Court on 20 December 2021...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Chainswap: BVI Court Injuncts Assets Of Unidentified Crypto Wallets

    In a first for the territory, the British Virgin Islands ("BVI") Commercial Court has granted a worldwide freezing order against persons unknown, being those allegedly responsible for cybercrime...
    British Virgin IslandsTechnology
    Maples Group
    Maples Group
  • Article

    Top 5 British Virgin Islands Publications Of 2025

    The most-read publications out of our British Virgin Islands office in 2025 reflect readers' continued interest in the evolving legal, regulatory and commercial landscape of the jurisdiction.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Backdating Contracts And Other Documents And Instruments

    One of the thornier issues which comes up in legal practice from time to time is the backdating of documents.
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • 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

    解决不寻常的困境

    公司曾尝试以一间根据塞浦路斯法律注册成立的公司之身份終止在英属维尔京群岛继续经营,。然而,公司并未完成塞浦路斯法律下所规定于
    British Virgin IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • 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

    BVI Commercial Court Hands Down Judgment In Long-running Dispute Concerning Lunan Pharmaceutical Group Limited

    Walkers has secured a comprehensive victory for its client, Ms Zhao Long, in a long running dispute regarding the ownership of shares in a significant PRC pharmaceutical company...
    British Virgin IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Showing 21–40 of 117 results

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