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  • Article

    Beneficial Interest Insufficient To Bring Unfair Prejudice Proceedings

    Can a party who is only (at best) beneficially interested in shares in a BVI company maintain an action for unfair prejudice?
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Case Alert: Court Of Appeal Reaffirms Dissenting Shareholder Valuation Mechanism Under BVI Law

    Last week the Eastern Caribbean Court of Appeal dismissed an appeal brought by Olive Group in a welcome underlining of when a Court can interfere in the appraisal mechanism and its role in determining minority discount.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Divided Loyalties – The Issue Of Directors' Duties In Joint Ventures

    Every company lawyer is taught from an early stage that a director owes their duties to the company, and not to the shareholders or any individual shareholder.
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Pakistan International Airlines Secures Discharge Of Receivers In $6bn Dispute

    On 25 May 2021 the Commercial Division of the Eastern Caribbean Supreme Court set aside ex-parte orders which had been obtained by Tethyan Copper Company (TCC) against the Islamic Republic of Pakistan...
    British Virgin IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    BVI Asset Tracing: Looking Forward And Backward

    If a wrongdoer spends his ill-gotten gains, is the claimant effectively limited to recovering a maximum sum from a subject bank account?
    British Virgin IslandsCriminal Law
    Conyers
    Conyers
  • Article

    BVI Recognition Of Foreign Oral Will

    On 2 October 2020, the High Court of Justice in the Virgin Islands delivered a decision in respect of the BVI Estate of a member of the Qatari Royal family regarding the validity of an oral will.
    British Virgin IslandsFamily and Matrimonial
    Ogier
    Ogier
  • Article

    Supreme Court Construes The Meaning Of Section 423 Of The English Insolvency Act 1986

    On 19 February 2025, the Supreme Court handed down judgment in El-Husseiny v Invest Bank PSC.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    Amend Your Notice Or Be Confined To Your Application

    This week, the BVI Commercial 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 Civil Procedure Rule 11.7 ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    BVI Commercial Court Appoints Two New Judges

    Harneys is pleased to report the appointments of Justice Sher QC and Justice Wallbank to the BVI Commercial Court, as Commercial Court Judges, commencing in May.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    BVI Court Orders Indefinite Committal Of Extra-Territorial Contemnor

    In a judgment published on 1 September 2021, the British Virgin Islands ("BVI") court has committed a contemnor litigant (and resident of the People's Republic of China) to...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Mitchell And Another (Joint Liquidators Of MBI International & Partners Inc (In Liquidation)) v Sheikh Mohamed Bin Issa Al Jaber; Mitchell And Another (Joint Liquidators Of MBI International & Partners Inc (In Liquidation)) v Sheikh Mohamed Bin Issa Al Jaber (No 2) [2025] UKSC 43

    This decision of the UK Supreme Court on fiduciary duties and equitable compensation is of relevance across a range of common law jurisdictions.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Recognition And Enforcement Of Foreign Judgments And Arbitral Awards

    Enforcement of foreign money judgments is relatively straightforward and will follow one of two procedures, depending upon the country where the original judgment was obtained.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Mourant Ozannes
    Mourant Ozannes
  • Podcast

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

    On 17 January 2024, the Eastern Caribbean Court of Appeal handed down its decision in Lau Man Sang, James et al v King Bun Limited et al affirming the lower courtâs discretionary...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Update From The BVI Court: Free-Standing Freezing Orders And Foreign Defendants

    In a decision handed down on 17 April 2019, the BVI Commercial Court has given guidance on the scope of its jurisdiction to grant freezing orders in support of foreign proceedings
    British Virgin IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Walkers Triumphs In Privy Council "Black Swan" Appeal

    The Privy Council has today handed down its judgment in Convoy Collateral Ltd v Broad Idea International Limited and Cho Kwai Chee, the so-called "Black Swan" Appeal and a related appeal, ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    BVI Commercial Court Appoints The Honourable Mr Justice Davis-White QC

    Harneys is pleased to report the appointment of Malcom Davis-White QC as a Commercial Court Judge for the Michaelmas Term 2016. He is a leading silk with wide ranging commercial experience...
    British Virgin IslandsWealth Management
    Harneys
    Harneys
  • Article

    LATAM Focus: Litigating Trusts Disputes In The BVI

    The British Virgin Islands has long been hailed as a leading offshore jurisdiction for wealth management and asset protection amongst Latin American high net worth families and individuals.
    British Virgin IslandsWealth Management
    Harneys
    Harneys
  • Article

    Service Not Included

    The Eastern Caribbean Supreme Court Civil Procedure Rules 2000 (as amended) (the "CPR") manifest a clear intention to create a comprehensive regime to ensure that there is at all times an address...
    GlobalLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    The Effect Of Non-Disclosure In Unfair Prejudice Claims

    A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    When Can A Director Of A BVI Company Appear In-person Before The BVI Commercial Court?

    From time to time the BVI Commercial Court is asked to consider whether or not to permit a director of a BVI company to appear in person on behalf of that company.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Showing 41–60 of 275 results

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