British Virgin Islands, Winding Up Petitions

Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration

Conyers on 7/8/2024

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

The Effect of Subordination Agreements in the Event of Insolvency

Conyers on 5/13/2024

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial...more

Successfully Secures Dismissal of Application to Set Aside a Statutory Demand in the British Virgin Islands

Conyers on 4/1/2024

On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers...more

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

Hogan Lovells on 8/21/2020

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed

Hogan Lovells on 8/18/2020