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
In its recent decision in BVIHC(COM) 2022/0169 Qu Haiping v Window of Trade International Limited and Ors, the BVI Court considered the question of the burden of proof and defences that a defendant can invoke when resisting...more
The gravity of any arbitration award lies in its successful enforcement. The enforcement process may be frustrated and produce little result if the winning party does not identify at the outset the assets against which the...more
12/8/2023
/ Arbitration Awards ,
Asset Recovery ,
Asset Tracing ,
Breach of Duty ,
British Virgin Islands ,
BVI Business Companies ,
Corporate Governance ,
Dispute Resolution ,
Enforcement ,
Fiduciary Duty ,
International Arbitration
The updated Civil Procedure Rules (the “Revised CPR”) come into force on 31 July 2023, and with them a substantially increased focus on settlement and Alternative Dispute Resolution (“ADR”). In this article, Senior Associate...more
Like a reliable and familiar friend, BVI litigators have been accustomed to the Eastern Caribbean Supreme Court Rules (“the CPR”) for a considerable period. They first came into force on 31 December 2000. The CPR, as their...more
In the recent decision of Greig William Alexander Mitchell & Ors v Sheikh Mohamed Bin Issa Al Jaber & Ors [2023] EWHC 364 (Ch), the English High Court was required to consider the question of what duties (if any) a director...more
We would like to update you on two significant developments in cross-border arbitration law.
UK Privy Council -
In the recent judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v...more
The International Centre for Settlement of Investment Disputes (ICSID) is an international institution, created under the auspices of the World Bank, which is arguably the world’s leading international institution for the...more