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  • Article

    The Eastern Caribbean Court Of Appeal Continues Protection For Nam Tai Shareholders

    The Eastern Caribbean Court of Appeal has delivered two decisions that have continued the protection afforded by the BVI Commercial Court to shareholders in Nam Tai Property Inc...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    The Fatal Application Test: BVI Court Of Appeal Strikes Out Derivative Appeal As A Nullity

    "Final" decisions of the BVI Court come with an automatic right of appeal to the ECSC Court of Appeal (CoA), whereas "interlocutory"...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Appointment Of Receivers In The British Virgin Islands

    The Receiver represents arguably the most powerful weapon in the armoury available for asset tracing into the BVI.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    Case Update: Travesty Avoided In The BVI Supreme Court

    A long-awaited Court of Appeal judgment has clarified the treatment of bearer shares in BVI Companies not dealt with prior to the ‘transition date' of 31 December 2009.
    British Virgin IslandsCorporate/Commercial Law
    Withers LLP
    Withers LLP
  • 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

    Privy Council Hands Down Judgment In BVI Shareholder Rights

    The Privy Council has recently handed down the judgment in Staray Capital Limited and another v Cha Yang [2017] UKPC 43, concerning the circumstances in which majority shareholder decisions ...
    British Virgin IslandsCorporate/Commercial Law
    O'Neal Webster
    O'Neal Webster
  • Article

    Service Out Of The Jurisdiction: BVI Case Update

    The Company was incorporated in the BVI and comprised of two directors, Mr. W and Ms. K, who resided in Hong Kong.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Black Swan Given Statutory Force: BVI Legislature Confirms Jurisdiction To Grant Freestanding Relief In Support Of Foreign Proceedings

    Just days into 2021, new legislation has been enacted which gives the BVI Court jurisdiction to grant freestanding freezing orders and other interim relief in support of foreign proceedings.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    BVI Court Of Appeal Clarifies Key Principles For Recoverability Of Costs

    BVI Court of Appeal clarifies key principles for recoverability of costs.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Kenneth M Krys (As Liquidator Of Fairfield Sentry Ltd (In Liquidation)) v Farnum Place LLC [2025] UKPC 43

    Kenneth Krys (KK), as the liquidator of Fairfield Sentry Ltd (Sentry), a BVI company, successfully appealed to the Privy Council against refusal of sanction to pursue a second appeal...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    New BVI Legal Practitioners

    With a legal system based on English common law, the Virgin Islands ('BVI') is a highly regarded offshore jurisdiction with a proven track record in dispute resolution.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Withers LLP
    Withers LLP
  • Article

    Reflective Loss And Strike Out / Summary Judgment: Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943

    The English Court of Appeal has confirmed that cases concerning reflective loss are suitable for strike out / summary judgment.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    UKSC Confirms That No Statutory Limitation Periods Apply To Unfair Prejudice Claims: THG Plc V Zedra

    On 25 February, the UK Supreme Court delivered an important judgment in THG Plc v Zedra Trust Company (Jersey) Ltd [2026] UKSC 6, on the application of the English statutory limitation periods (under the Limitation Act) to unfair prejudice petitions under s.994 of the Companies Act 2006
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Frozen Crypto Assets And A Dissolved Company: The EC Court Of Appeal's Application Of Convoy Collateral

    In its seminal decision in Broad Idea International v Convoy Collateral [2021] UKPC 24 ("Convoy"), a case which had its genesis in the BVI Commercial Court, the Privy Council delivered...
    British Virgin IslandsTechnology
    Conyers
    Conyers
  • Article

    Appeals To The Privy Council: 21 Days Does Not Mean 21 Days And 13 Hours

    On 12 July 2021, the Court of Appeal of the Eastern Caribbean Supreme Court (the "Court of Appeal") reached a unanimous ruling on the time limit for applying for a motion for leave to appeal...
    GlobalLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    BVI Passes Legislation Codifying The "Black Swan" Jurisdiction

    On 7 January 2021, the BVI enacted an important amendment to the Eastern Caribbean Supreme Court (Virgin Islands) Act (the "Act") which provides that the BVI court now has...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    The Indah Kiat Scheme – Inadequate Notice And Much More

    Indah Kiat is part of the Asia Pulp and Paper (APP) Group of Companies which focuses on manufacturing pulp, paper and packaging related products.
    GlobalInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    How Appealing: Privy Council Clarifies BVI Test For Appeal As Of Right To The Board

    Jurisdictions in which the ultimate avenue for appeal lies to the Judicial Committee of the Privy Council (the "Board" or "Privy Council") have different local statutory and procedural rules...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Applying Twice: BVI Court Of Appeal Reinforces The Protection Available To Beneficial Owners

    On 25 April 2024, the Court of Appeal of the Eastern Caribbean Supreme Court delivered a significant judgment, which is likely to be widely welcomed as reinforcing...
    British Virgin IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • 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
  • Showing 81–100 of 275 results

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