Andrew Thorp

Andrew Thorp

Harney Westwood & Riegels

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BVI Case Notes, July 2014

Recent cases before the British Virgin Islands courts include matters dealing with arbitration agreements and awards, and default judgments. Arbitration Agreements: BVIHCMAP0013/2014: Anzen Ltd and others v...more

7/11/2014 - Arbitration Arbitration Agreements Arbitration Awards

The BVI Commercial Court – interfacing with arbitration

Recent decisions in the BVI Commercial Court have shaped the applicability and enforcement of arbitration clauses and, notably, how they interface with BVI statutory remedies and liquidations. Standing to...more

3/4/2014 - Arbitration Arbitration Agreements International Arbitration

Game-changer: Harneys opens door to foreign enforcement actions in the BVI

Harneys has successfully brought an action that changes the law relating to the access of the BVI Courts to enforce a foreign judgment. The Court of Appeal victory was quickly followed by a change in the civil procedure rules...more

2/19/2014 - Enforcement Enforcement Actions Foreign Judgments Foreign Jurisdictions

Court clarifies enforceability of foreign judgments in BVI

On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to service out of foreign judgments and arbitral awards. The...more

12/9/2013 - BVI Business Companies Foreign Judgments Foreign Jurisdictions

Multiple Derivative Actions in the BVI: Tried but not tested?

On 8 August 2013, the Court of Appeal issued its ruling in the case of Microsoft Corporation v Vadem Ltd . The judgment at first blush appears quite definitive, that “BVI law does not permit double derivative...more

10/31/2013 - BVI Business Companies Derivative Suit Double Derivative Claims Microsoft Microsoft v Vadem Ltd

BVI Case Notes, October 2013

Below is a summary of recent cases out of the British Virgin Islands (BVI) Commercial Court, compiled by Harneys’ Litigation team. Ruling on the use and status of ancillary relief proceedings and forum non conveniens...more

10/30/2013 - BVI Business Companies Deed of Trust Forum Forum Non Conveniens

The BVI Commercial Court – Interfacing with Arbitration

Key recent decisions in the BVI Commercial Court have shaped the applicability and enforcement of arbitration clauses and notably how they interface with BVI statutory remedies and liquidations. Harneys take a look at...more

10/30/2013 - Arbitration BVI Business Companies Liquidation Mandatory Arbitration Clauses Remedies

BVI Case Notes, July 2013

Below is a summary of recent cases out of the British Virgin Islands (BVI) Commercial Court, compiled by Harneys’ Litigation team....more

8/2/2013 - Foreign Banks Insolvency Unjust Enrichment

BVI Case Notes, May 2013

Recent cases out of the British Virgin Islands (BVI) Commercial Court deal with issues including third party costs and the applicability of Black Swan freezing relief in support of foreign derivative claims. In addition a...more

5/27/2013 - Derivative Suit Foreign Jurisdictions Injunctions Liquidation Third-Party Liability

Order Restored: Court hands down key judgment on BVI hedge fund insolvencies

Introduction - The Court of Appeal of the Eastern Caribbean Supreme Court on Monday, 11 March handed down an important ruling on the question of where investors stand in the “waterfall” of distributions in the...more

3/12/2013 - Hedge Funds Investors Liquidation Offshore Funds

BVI Case Notes: Derivatives, double derivatives and unfair prejudice

Harneys continues to provide a regular roundup of recent case notes from the British Virgin Islands Commercial Court. In this edition we report on recent court guidance on leave to bring derivative proceedings and double...more

1/20/2013 - Alter Ego Derivative Suit Derivatives Double Derivative Claims Forum Microsoft Prejudice Shareholders Subsidiaries

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