The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision...more
7/8/2024
/ Appeals ,
British Virgin Islands ,
Business Litigation ,
BVI Business Companies ,
Creditors ,
Dispute Resolution ,
Foreign Arbitration Clauses ,
International Arbitration ,
Liquidation ,
UK Privy Council ,
Winding Up Petitions
On 5 February 2024, the Honourable Justice Paul Webster granted a restoration order (the “Order”) pursuant to section 218A of the BVI Business Companies Act (Revised Edition 2020) (as amended) (the “Act”), declaring the...more
Norwich Pharmacal orders have long been a powerful tool employed in the BVI in aiding foreign proceedings. It is also quite a welcome development that the BVI Commercial Court has confirmed that a Norwich Pharmacal order is...more
2/7/2024
/ Asset Tracing ,
British Virgin Islands ,
Business Litigation ,
BVI Business Companies ,
Commercial Court ,
Compliance ,
Corporate Governance ,
Disclosure ,
Dispute Resolution ,
Gag Orders ,
Registered Agents
The Court of Appeal has given valuable and clear guidance on the circumstances in which applications during an ongoing liquidation may constitute ‘final decisions’ for the purpose of bringing appeals to His Majesty in Council...more
Our second piece on the updated Civil Procedure Rules (the “Amended CPR”) focuses on some of the Court’s case management powers regarding conducting a hearing in public or private, inspection of documents, and the Electronic...more
Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023 -
Section 404 of the BVI Merchant Shipping Act, 2001- Pre-Judgment...more
Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023.
Court’s Jurisdiction to reconsider matters before delivery of its perfected...more
“…the law on illegality is not entirely clear in this jurisdiction.”
This was the position expressed by BVI Commercial Court Judge, Justice Adrian Jack in his judgments of 17 June 2021 and 15 February 2022 in Briefline...more
In its judgment dated 28 July 2021, the BVI Commercial Court, determined both that as matter of jurisdiction, and in the exercise of his discretion he should permit creditors who successfully opposed the making of a...more