News & Analysis as of

British Virgin Islands Arbitration Agreements

Walkers

Stay a while: the interplay between winding-up proceedings and the mandatory stay provisions under the BVI Arbitration Act

Walkers on

The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang Power Investments Limited BVIHCOM 2023/0006 has provided clarity on the...more

Conyers

Navigating Defences and the Burden of Proof on the New York Convention Chessboard: The BVI Court’s Approach

Conyers on

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

Walkers

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

Walkers on

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

Conyers on

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

Conyers

King Bun Limited and Others v. Lau Man Sang, James and Others Claim No. BVIHCM 2017/086

Conyers on

Conyers represented the successful claimants in Claim No. BVIHCM 2017/086 King Bun Limited and Others v. Lau Man Sang, James and Others, a derivative action commenced by minority shareholders concerning disputes about...more

Hogan Lovells

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

Hogan Lovells on

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

Hogan Lovells

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

Hogan Lovells on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virgin Islands Supreme Court Confirms Applicability of FAA and Issues Guidance on Arbitration Agreements

In Whyte v. Bockino, No. 2017-0024 (August 29, 2018), the Supreme Court of the United States Virgin Islands held that the Federal Arbitration Act (FAA) applies to contracts in the Virgin Islands and concluded that the claims...more

Latham & Watkins LLP

Beware the “Non-Exclusive” Arbitration Clause

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“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

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