British Virgin Islands: Arbitration & Dispute Resolution

The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid

In the recent British Virgin Islands ("BVI") appeal of Fang v Green Elite ("Green Elite"), the Privy Council reaffirmed the principle in Duomatic

This decision relates to an appeal to the Privy Council out of the British Virgin Islands dealing with the question of staying winding up proceedings where there is an agreement to arbitrate.