Feb 2025 Following the success of the 1984 international Business Companies Act, the BVI’s financial services industry continued a trajectory of rapid development. As part and parcel of that development, commercial disputes...more
2/26/2025
/ Appeals ,
British Virgin Islands ,
Commercial Court ,
Commercial Litigation ,
Corporate Governance ,
Dispute Resolution ,
Financial Services Industry ,
International Arbitration ,
International Trade ,
Jurisdiction ,
Regulatory Requirements
The British Virgin Islands has, as of 18 September 2024, extended the list of ‘Relevant Foreign Countries’ for the purposes of Part XIX of the BVI Insolvency Act, which governs Orders in Aid of Foreign Proceedings. These...more
10/18/2024
/ British Virgin Islands ,
BVI Business Companies ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Cross-Border ,
Debtors ,
Foreign Governments ,
Insolvency ,
International Organizations ,
Jurisdiction ,
Reorganizations ,
UK Insolvency Act ,
UNCITRAL
A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and...more
5/14/2024
/ Appeals ,
British Virgin Islands ,
Buy-Out Agreements ,
Commercial Litigation ,
Controlling Stockholders ,
Corporate Governance ,
Dismissals ,
Dispute Resolution ,
Non-Disclosure Agreement ,
Shareholders ,
Unfair Prejudice
In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the...more
3/8/2024
/ British Virgin Islands ,
BVI Business Companies ,
Commercial Court ,
Commercial Litigation ,
Court-Appointed Receivers ,
Ex Parte ,
Fraud ,
Insolvency ,
Judicial Proceedings ,
Jurisdiction ,
Receivership
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
On 24-25 October 2023, Justice Wallbank of the BVI Commercial Court presided over a valuation trial in the matter of Soemarli Lie v Ng Min Hong & Success Overseas Finance Limited BVIHC(Com) 2020/147 (the “Valuation...more
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
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
“…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
Conyers BVI litigators Richard Evans and Charles Goldblatt secure the appointment of Provisional Liquidators over All Year Holdings Limited (“AYH”) at an urgent hearing before the BVI Commercial Court on 20 December 2021. ...more
On 23 November 2021, the BVI Commercial Court handed down judgment in Soemarli Lie v (1) Ng Min Hong and (2) Success Overseas Finance Limited (the “Company”) following a four-week trial which took place in October 2020....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
The general doctrine of ‘illegality’, in commercial litigation, is based on two related principles:
• Firstly, that no person should benefit from his or her own illegal act or wrong; and
• Secondly, that the law (and the...more
From time to time the BVI Commercial Court is asked to consider whether or not to permit a director of a BVI company to appear in person on behalf of that company. The general rule as to the ability of directors to appear on...more
On 1 June 2021, the Eastern Caribbean Court of Appeal handed down its decision in the matter of Yao Juan v. Kwok Kin Kwok and Crown Treasure Group Limited which was an appeal of the 23 April 2020 decision of the Hon Justice...more
In the context of an unfair prejudice claim, the Privy Council recently overturned the decision of the Eastern Caribbean Court of Appeal and restored the decision of Leon J. of the Commercial Court of the British Virgin...more