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 arbitrate?
In Comodo Holdings Ltd the BVI Commercial Court clarified the need for the arbitration agreement to be 'subsisting' as between the parties before the court, and that the court (rather than arbitration) is the appropriate forum for determining whether parties have standing to arbitrate...
Originally published in ILO - February 27, 2014.
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