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
Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023)
The BVI liquidation...more
4/9/2024
/ Appeals ,
Bankruptcy Code ,
British Virgin Islands ,
Business Litigation ,
BVI Business Companies ,
Chapter 11 ,
Commercial Bankruptcy ,
Common Law Privilege ,
Dismissals ,
Dispute Resolution ,
Insolvency ,
Motion for Sanctions
In its seminal decision in Broad Idea International v Convoy Collateral [2021] UKPC 24 (“Convoy”), a case which had its genesis in the BVI Commercial Court, the Privy Council delivered a ground-breaking exposition of the law...more
12/4/2023
/ Appeals ,
Asset Freeze ,
Asset Tracing ,
British Virgin Islands ,
BVI Business Companies ,
Commercial Litigation ,
Companies Act ,
Corporate Dissolution ,
Cryptoassets ,
Cryptocurrency ,
Dispute Resolution ,
Fraud ,
Injunctions ,
Insolvency ,
Shareholders ,
UK Privy Council
On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more
1/4/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
British Virgin Islands ,
Consultation Papers ,
Disclosure Requirements ,
Discrimination ,
Duty of Confidentiality ,
Immunity ,
Independence Rules ,
Jurisdiction ,
Tribunals
In recent years there have been a number of cases in the BVI in which the Court has been asked to reopen judgments or orders prior to their sealing. In those cases, the BVI Court has consistently found - adopting the...more