British Virgin Islands: Arbitration & Dispute Resolution

The BVI Commercial Court has delivered a landmark judgment addressing whether foreign judgments that remain unrecognised within the jurisdiction may properly found a statutory demand. The decision reconciles two seemingly conflicting precedents by drawing a crucial distinction between debts evidenced by foreign determinations and debts created solely by foreign judicial acts.

The BVI Court of Appeal in Byers v Chen confirmed that directors owe fiduciary duties to creditors when a company is insolvent or near insolvency...

In Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16, a Privy Council Board comprising Lords Briggs, Hamblen, Burrows, Reed and Lloyd-Jones considered the issue of whether insolvency proceedings...