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The Evidence (Proceedings in Foreign Jurisdictions) Ordinance (Cap 24) gives statutory effect in the BVI to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters signed at The Hague on 18 March 1970, commonly known as the Hague Evidence Convention, which is attached as a Schedule to the Act.

The British Virgin Islands Commercial Court has issued a significant ruling clarifying that liquidators should have broad powers to act without prior court approval, marking a departure from longstanding practice. Justice Mithani's decision in Jin Yao Holdings Ltd v Forever Winner International Ltd challenges the routine inclusion of sanction requirements in liquidation orders, restoring flexibility to insolvency practitioners while maintaining appropriate judicial oversight.

On 4 October 2021, a seven-member panel of the Privy Council (the "Board") issued its judgment in Broad Idea v Convoy Collateral [2021] UKPC 24, which considered the overruling...

In recent years there have been a number of cases in the BVI in which the Court has been asked to reopen judgments or orders prior to their sealing.

Phillip Kite of Harneys looks at the subject of injunctions generally with a particular emphasis on recent case law on freezing orders.

In the wake of the economic downturn resulting from the global pandemic, a significant increase in fraud cases can unfortunately be expected.

In two decisions from the British Virgin Islands, Fang Ankong and ors v Green Elite Limited and Arrowcrest Ltd v JSC VTB Bank, the Eastern Caribbean Court of Appeal clarifies the application...

The Court of Appeal has recently ruled in BTI 2014 LLC -v- Sequana SA & Ors [2019] EWCA Civ 112 that an otherwise lawful dividend may still be found to be a transaction defrauding creditors.

In Parles .A.S. et al v Winsley Finance Limited (Parles)1, Mangatal J was recently called upon to consider the boundaries to the Court's power to grant "Chabra relief".

In IKON Shina Ltd v Smyshliaeva [BVIHCMAP2022/0073], the Eastern Caribbean Court of Appeal allowed an appeal against the Commercial Court's refusal to make amounts...

Walkers has secured a further victory for its client, Ms. Zhao Long, in a complex dispute regarding the ownership of shares in a significant PRC pharmaceutical company in a further judgment of the British Virgin Islands...

The Hong Kong Court has held that a shareholder in a BVI company seeking to bring a derivative claim in Hong Kong must first obtain the permission of the BVI Court.

In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the jurisdiction.

In the British Virgin Islands (BVI), commercial or other high-value litigation, invariably enjoy cross-border characteristics.

Two recent decisions of the BVI Court of Appeal, concerning the interplay between s.6(2) of the 1976 Arbitration Ordinance and the Insolvency Act 2003, serve to highlight why the old Arbitration Ordinance has benefitted from revision.

The holding company of many corporate groups trading in Asia is frequently incorporated in an offshore financial centre such as the British Virgin Islands ("BVI").

Creditors of companies in the BVI will often begin the process of recovering their debt by serving a statutory demand. In many such cases, companies so served will invoke the statutory...

Originally based on the English case of the same name , they are a widely used tool in litigation in the BVI.