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
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
“…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
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