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Enforcement › BVI Business Companies

Carey Olsen

Eastern Caribbean Court of Appeal delivers key ruling concerning directors' duties and creditor protection in the British Virgin...

Carey Olsen on

In the recent decision of Byers & Richardson v Chen Ningning (BVIHCMAP2024/0009) ("Byers"), the Eastern Caribbean Court of Appeal ("COA") considered the scope of the director’s duty to creditors when a company is insolvent or...more

Walkers

Schemes of Arrangement – any interest?

Walkers on

In its recent judgment in Tristan Oil Ltd v The Scheme Creditors (BVIHCM 2023/0120) the BVI Commercial Court (the Hon. Justice Paul Webster (Ag.)) has considered the question of when a party not bound by a scheme of...more

Conyers

Tracing Wealth in the BVI in Aid of Arbitration: Unravelling the Breach of Fiduciary Duties

Conyers on

The gravity of any arbitration award lies in its successful enforcement. The enforcement process may be frustrated and produce little result if the winning party does not identify at the outset the assets against which the...more

Conyers

Amendments to the BVI Civil Procedure Rules Series – Part Three

Conyers on

The updated Civil Procedure Rules (the “Revised CPR”) come into force on 31 July 2023, and with them a substantially increased focus on settlement and Alternative Dispute Resolution (“ADR”). In this article, Senior Associate...more

Conyers

Under Pressure: Key considerations and practical tips for BVI companies approaching insolvency

Conyers on

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

Walkers

Data Protection in the British Virgin Islands

Walkers on

The British Virgin Islands ("BVI") Data Protection Act, 2021 ("DPA") came into force on 9 July 2021. It was introduced so the BVI would have a data protection framework which is broadly similar to EU and UK standards. To...more

Walkers

Pre-enforcement Steps and Enforcement Action Under Bermuda, BVI and Cayman Law

Walkers on

The full strength of the economic headwinds facing the UK economy is not yet clear, but a helpful recent report by insolvency and restructuring adviser Begbies Traynor provided some useful numbers around the attitudes of...more

Walkers

Enforcement of Foreign Wills in the BVI

Walkers on

As part of our series looking at recent BVI and Cayman Islands cases affecting the Middle East we look at the recent case of Sheikha Amena Ahmed H.A. Al-thani et al v Sheikha Aisha Mohammed Ali Abdullah Al Thani et al, in...more

Walkers

Is cryptocurrency likely to be accepted by the Cayman Islands and BVI Courts as a form of security?

Walkers on

As part of our series looking at the potential impact of recent cases on the future decisions of the Cayman Islands and the BVI Courts relating to crypto assets, we consider the recent English decision of Tulip Trading...more

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