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
In the recent decision of Greig William Alexander Mitchell & Ors v Sheikh Mohamed Bin Issa Al Jaber & Ors [2023] EWHC 364 (Ch), the English High Court was required to consider the question of what duties (if any) a director...more
Inflationary pressures and increasing interest rates are expected to continue to have a negative impact on the global economy during 2023. In this article we consider restructuring options under BVI law available to companies...more
2/20/2023
/ Board of Directors ,
British Virgin Islands ,
BVI Business Companies ,
Corporate Governance ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Enforcement ,
Fiduciary Duty ,
Financial Distress ,
Insolvency
On 5 October 2022 the UK Supreme Court (UKSC) handed down its “momentous” decision in BTI 2014 LLC v Sequana SA and others1. The case addresses issues of ‘‘considerable practical importance to the management of companies’’,...more
On 9 July 2021, a number of important pieces of legislation were brought into force in the BVI on the same day. Those enactments have made significant changes to the law in their respective areas, namely trusts, probate, data...more
From time to time the BVI Commercial Court is asked to consider whether or not to permit a director of a BVI company to appear in person on behalf of that company. The general rule as to the ability of directors to appear on...more