British Virgin Islands: Arbitration & Dispute Resolution

A BVI Court case examines whether a publicly traded company can be restrained from redomiciling to another jurisdiction when allegations of fraud and control by interested parties threaten to render enforcement of potential claims impossible. The proceedings reveal the complex interplay between corporate independence, jurisdictional authority, and the protection of alleged fraud victims in offshore litigation.

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.

The UK Supreme Court's landmark decision in Servis-Terminal LLC v Drelle has overturned the English Court of Appeal's controversial ruling, clarifying that unrecognised foreign judgments can form the basis of insolvency proceedings without prior recognition. This briefing examines how the Supreme Court's restoration of the common law 'obligation principle' impacts creditors seeking to enforce foreign judgment debts in the BVI, particularly following the uncertainty created by the first instance decision in

The Commercial Court of the BVI has discharged a worldwide freezing order obtained ex parte by Eletson Corporation and Eletson Gas LLC against Levona Holdings Ltd and Tropical Island International Ltd.

In granting conditional leave to appeal to the Privy Council, the Eastern Caribbean Court of Appeal held that the question raised – whether an arbitration clause between a company and a shareholder can be used...

This robust decision illustrates that even in cases alleging fraud and dishonesty, it may be possible to obtain summary judgment on the merits.

In Global Mining and Gerald Metals ("Claimants") v China National Gold Group ("Respondents") BVIHCM 2023/0070, the Respondents were unsuccessful...

Throughout 2024, the British Virgin Islands (BVI) has remained one of the most significant interna­tional jurisdictions for company incorporations.

The legislation governing arbitration in the British Virgin Islands (the "BVI") is the Arbitration Act 2013 (the "Arbitration Act" or the "Act").